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

[Ivar A. M. Hartmann]

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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