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General Data Protection Act is approved by the Committee on Science and Technology (CCT) of the Senate and MJ presents new version of its draft

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10/22/2015 3:47 PM Demarest News

General Data Protection Act is approved by the Committee on Science and Technology (CCT) of the Senate and MJ presents new version of its draft 

On Tuesday, October 13, the CCT Senate approved the substitute bill data protection law. The text was presented by Senator Aloysio Nunes Ferreira (PSDB-SP) and sought to unite the texts of three projects that dealt with the subject (PLS 181/2014, 330/2014 and PLS PLS 131/2014 ). 

At the same time, on October 20, the Ministry of Justice submitted to the Presidency the new text of the bill that deals with the same subject, which was changed after receiving more than 1300 contributions of various sectors of society. 
 
Essentially, both project objectives are to protect and regulate the collection and use of personal data, here understood as any information relating to an identified or identifiable person, directly or indirectly, including the address or identification number of a terminal used for connection a network of computers. 

 

In this context the essential tools brought by the texts to meet the objectives are: requiring prior owner's consent for the collection, storage, use and transfer of your data, the supply security of unrestricted information on the use of data and the possibility to ask for exclusion of personal data at any time.
 
The texts also develop rules of good practice and the creation of jobs within the companies, responsible for the protection of personal data, in order to avoid - or at least - detect system failures and eventual leak information. In the bill, there is also a provision for the creation of a specific public body subject to the regulation.
 
The text presented by the Senate bill will be discussed by the Environment Commission and Consumer Protection (CMA), the Economic Affairs Committee (CAE) and Committee on Constitution and Justice (CCJ) and then will go to plenary. If approved, will be reviewed by the House of Representatives and then, if there is no new amendments, will follow to presidential approval.
 
The bill from the Ministry of Justice, in turn, was presented directly to the Civil House of the Presidency. The National Secretariat for Consumer Protection, an agency of the Ministry of Justice, has pledged to request that the draft be presented to the legislature with constitutional urgency, given the importance of the subject.

 

Demarest Advogados 

Maria Helena Bragaglia​mbragaglia@demarest.com.br​​+55 11 3356-2158
Juliana Tedesco​jtedesco@demarest.com.br​​+55 11 3356-1957​​​​​

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