[bestbits] A positive right to privacy in the most current version of Brazilian Internet Bill of Rights

[Carolina Rossini]

Hi all,

Taking in consideration all the recent news, I would like to share with you
the current version of the Brazilian Internet Bill of Rights (Marco Civil)
in english. This is not the same version available in the Brazilian
Congress website, it is the final version put out by House Representative
Molon (thus, newer). There is a positive right to privacy in our bill, so
it would be interesting to think if this is the time to ask the same in
other countries. Below, articles 3, 8 and 10 that deal with the issue.
Article 10 has been criticized by privacy advocates from other countries
due to log retention, but I do feel it is something that has been
incorporated in our culture, since been debated since 2000 in Brazil and
the bill also requeres court order (even before we started the Marco Civil
debate). (Joana, in the list, can provide her views on this)

*Article 3 The regulation of Internet use in Brazil underlies the following
principles:*

*II – protecting privacy;*

*Article 8 Protection of the right to privacy and freedom of expression in
communications is a prerequisite for the full enforcement of the right of
access to the Internet.*

*Article 10. Record retention of Internet connection and access to
application logs, for the purposes of this Act, must protect the privacy,
private life, honor and image of the parties directly or indirectly
involved.*

*§ 1 The provider responsible for record retention will only be required to
provide the aforementioned logs, alone or combined with other information
that may help identifying a user or terminal, upon court order, as set
forth in Section IV of this Chapter.*

* *

*§ 2 Security and confidentiality measures and procedures must be
communicated by the connectivity services provider and clearly meet the
standards set forth by regulation.*

* § 3 Breach of the aforementioned confidentiality right is subject to
criminal, civil or administrative sanctions.*

I will host Mr. Molon next week in meetings at Harvard (including at
Berkman). So, if you have any thoughts or questions you want to ask him or
contributions, please let me know. Talking to his assessors, we concluded
that a letter of support, or words of support focused on how Marco Civil
creates a positive right to privacy are also timely adequate and welcomed.

Thank you,

Carol

-- 

*Carolina Rossini*
http://carolinarossini.net/
+ 1 6176979389
*carolina.rossini at gmail.com*
skype: carolrossini
@carolinarossini
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