[bestbits] NEW - English Version of Brazilian Marco Civil Bill

Fri Nov 22 13:23:45 EST 2013

Andrew’s piece is very good and highly relevant, and I’ve been making similar points in conversations I’ve been having regarding localization requirements proposed in other countries (e.g., Indonesia).

—Mike

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From: Eduardo Bertoni <ebertoni at alumni.gwu.edu<mailto:ebertoni at alumni.gwu.edu>>
Date: Friday, November 22, 2013 at 10:35 AM
To: Carolina Rossini <carolina.rossini at gmail.com<mailto:carolina.rossini at gmail.com>>
Cc: "<bestbits at lists.bestbits.net<mailto:bestbits at lists.bestbits.net>> bestbits at lists.bestbits.net&gt<mailto:bestbits at lists.bestbits.net&gt>" <bestbits at lists.bestbits.net<mailto:bestbits at lists.bestbits.net>>
Subject: Re: [bestbits] NEW - English Version of Brazilian Marco Civil Bill

Dear colleagues,

Following my email sent last week, FYI I just found a very Important piece from Andrew Puddeph on the current discussion of the Marco Civil in Brazil @ http://t.co/QUMJtq4HRS

Best,

Eduardo

Eduardo

On Thu, Nov 14, 2013 at 6:56 AM, Eduardo Bertoni <ebertoni at alumni.gwu.edu<mailto:ebertoni at alumni.gwu.edu>> wrote:
Thanks a lot Carolina. This is extremely helpful to understand the domestic process in Brazil.

I have a question to you and my fellow brazilian colleagues. You said in your email that the new version received great support from the Brazilian civil society. Does this support include the support of the new art. 11, 12 and 13?

I would like to receive the reactions/comments from other people in the network. Maybe I am missing something but those articles includes provisions that form me, first, are not very realistic from an implementation perspective, and second, if this idea is supported in Brazil, I don´t know how we will oppose the same idea for other countries that could use the provisions to go against local civil society groups.

I copied below the articles mentioned above:

Art. 11. Any process of collection, storage, custody and treatment of records, personal data or communications by connection providers and Internet applications providers, in which at least one of these acts occurs in the national territory, shall respect Brazilian law, the rights to Privacy, and the confidentiality of personal data, of private communications and records.

§ 1 The provisions aforementioned apply to data collected in the national territory and the content of communications, in which at least one of the terminals is located in Brazil.

§ 2 The provisions aforementioned apply even if the activities are carried out by legal entity located abroad, provided that at least one member of the same economic group owns property/is established in Brazil.

§ 3 The connection providers and Internet applications provider shall provide, in the form of regulations, information that allow the verification regarding compliance with Brazilian legislation regarding the collection, custody, storage and processing of data, as well as how the provider respects the privacy and secrecy of communications.

§ 4 Decree shall regulate the procedure for finding violations of the provisions of this article.

Article 12. The Executive Branch, through Decree, may force connection providers and Internet applications providers provided for in art. 11, who exercise their activities in an organized, professional and economic way, to install or use structures for storage, management and dissemination of data in the country, considering the size of the providers, its sales in Brazil and breadth of the service offering to the Brazilian public.

Article 13. Without prejudice to other civil, criminal or administrative penalties, violations of the rules laid down in Articles 10, 11 and 12 shall be subject, as appropriate, the following sanctions, applied individually or cumulatively:

I - warning, indicating the deadline for corrective action;

II - a fine of up to ten percent of the gross revenues of the economic group in Brazil in its last financial year, excluding taxes;

III - Temporary suspension of activities involving the acts specified in Clauses 11 and 12, or

IV - the prohibition of the exercise of activities that involve the acts referred to in Articles 11 and 12.

Single paragraph. In the case of a foreign company, its subsidiary, branch, office or establishment in the country will be jointly and severally liable for payment of the penalties aforementioned.

I look forward to hearing from you.

Best

e

Eduardo

On Wed, Nov 13, 2013 at 10:27 PM, Carolina Rossini <carolina.rossini at gmail.com<mailto:carolina.rossini at gmail.com>> wrote:
Dear all,

*** sorry for cross-posting ***

during the past few days I used some hours translating the new version of  the Marco Civil made public last week.

This version has receive great support of the Brazilian civil society and has also gather great (but not yet enough) support from legislators.

Please, find it attached. The first column was the initial public text, the second one IS THE NEW OFFICIAL version and the third one its translation. The text in yellow are some of the core changes...however, they do not mirror what was deleted.

Best,

C

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Carolina Rossini
Project Director, Latin America Resource Center
Open Technology Institute
New America Foundation
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http://carolinarossini.net/
+ 1 6176979389
*carolina.rossini at gmail.com<mailto:carolina.rossini at gmail.com>*
skype: carolrossini
@carolinarossini

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