Brazil Launches Consultations On Internet And Privacy Laws

Consultations follow enactment of Marco Civil law

Law number 12,965/2014, also known as the Brazilian Legal Framework for the Internet or 'Marco Civil da Internet' (the 'Internet Law') was sanctioned by the Brazilian President on 23 April 2014 and entered into force on 23 June 2014. The Internet Law is based on the principles of freedom of speech and user privacy and defines a number of rights and obligations for internet users, internet service providers ('ISPs') and internet applications. With 32 sections broadly discussed in Congress and via public consultation online, the Internet Law covers subjects such as: (i) net neutrality (section 9); (ii) protection of personal data (sections 10 and 11); and (iii) the safeguarding of information on users' internet application log access (sections 13 through 15).

The Internet Law is already in full effect. However, the three subjects mentioned above, among others, still need to be regulated by way of a Decree. On 28 January 2015 the Ministry of Justice launched a public consultation concerning the regulation of the Internet Law1 and the deadline for comments is 31 March. This consultation has been divided as follows:

Net neutrality: the law provides for equal treatment of data traffic regardless of its content, origin and destination, service, terminal or application. Under this rule, internet providers are not allowed to offer internet services which prioritize access to certain types of data to the detriment of others. In practice, therefore, internet providers cannot offer easier or cheaper access to specific types of data. The consultation is focused on the exceptions contained in the Internet Law, which allow for the prioritization of 'emergency services' and 'essential technical requirements' in the provision of services and applications, terms that still require definition. The consultation is also probably going to cover details regarding the possible suspension of a user's internet access upon his/her reaching the limit of the contracted internet access quota;

Privacy: the law expressly provides for the internet user's ownership of his/her personal data and guarantees the user's right to privacy of communications and to prior consent to the collection and treatment of the user's personal data. The principles and regulations need to be clarified, such as those regarding transparency procedures, for example;

Log access information: the law establishes that both internet service providers...