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

[Carolina Rossini]

Regarding Eduardo's question, I suggest you take a look (with help of
Google translate :-) ) at this very clarifying interview CA has given
recently:

http://www.nupef.org.br/?q=node/112


On Thu, Nov 14, 2013 at 4:56 AM, Eduardo Bertoni <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> 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
>>
>> --
>> *Carolina Rossini*
>> *Project Director, Latin America Resource Center*
>> Open Technology Institute
>> *New America Foundation*
>> //
>> http://carolinarossini.net/
>> + 1 6176979389
>> *carolina.rossini at gmail.com*
>> skype: carolrossini
>> @carolinarossini
>>
>>
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>
>


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