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

[Carolina Rossini]

Dear Ivar,

I understand privacy has been traditionally considered a negative right,
but Marco Civil is trying to change that. A positive right is a right that
has been affirmed by statute, so in law or in a constitution of some kind,
and opens the door for claims. I also see it as a positive right, since it
gives us more control over our data.

However, if you have a better language, you and any other person, should
feel free to suggest. We still have time to improve.

I will be with Molon next week, so I would be happy to consolidate
suggestions and deliver to him.

C

On Thu, Jun 13, 2013 at 12:06 PM, Ivar A. M. Hartmann <
ivarhartmann at gmail.com> wrote:

> Carolina,
>
> Maybe you feel other articles in the current draft of Marco Civil are
> better evidence of a positive dimension of the right to privacy. But I
> don't see how articles 3, 8 and 10 are an evidence of that.
> *These dispositions are all compatible with the understanding of privacy
> as a negative right alone*.
> That is not to say privacy doesn't have a positive dimension - I believe
> all rights have, including free speech. Such isn't the prevalent view in
> the US, however. A more clear adoption of the positive dimension by the
> Brazilian legislator is therefore in order.
> Best regards,
> Ivar
>
>
> On Thu, Jun 13, 2013 at 12:06 PM, Carolina Rossini <
> carolina.rossini at gmail.com> wrote:
>
>> 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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>


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