Brazil's Data Protection Law: Putting Brazil on the Map of Data Privacy Frameworks

Brazil's Data Protection Law: Putting Brazil on the Map of Data Privacy Frameworks

Felipe Palhares (Barbosa Müssnich Aragão Advogados, Brazil)
DOI: 10.4018/978-1-7998-4201-9.ch006
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After several years discussing the creation of a comprehensive data protection law, Brazil finally has its first law that specifically addresses this area -and that will be a game-changer on regulating data processing activities in the country and abroad – in force. Although Brazil's data protection law bears many similarities with the European Union General Data Protection Regulation, it also deviates from its European counterpart in several aspects. This chapter intends to provide an overview of the background relating to laws that carry privacy and data protection provisions in their core and to thoroughly analyze Brazil's new data protection law.
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Prior to enacting the LGPD, Brazil had (and still has considering that these other laws were not superseded) a huge array of laws that directly or indirectly handled issues related to privacy.

As a brief example, the following list include some of the laws with privacy provisions in Brazil:

  • Brazil’s Constitution

  • The Consumer Defense Code

  • The Civil Code

  • The Criminal Code

  • The Good Payers’ Registry Act

  • The Freedom of Information Act

  • The Civil Framework for the Internet

  • The Anticorruption Act

  • Law No. 7,232/84

  • Law No. 8,443/92

  • Law No. 9,100/95

  • Law No. 9,296/96

  • Law No. 9,472/96

  • Law No. 9,504/97

  • Law No. 9,507/97

  • Law No. 9,983/2000

  • Law No. 10,703/2003

  • Decree No. 3,505/2000

  • Decree No. 6,029/2007

  • Decree No. 6,425/2008

  • Decree No. 6.523/2008

  • Decree No. 7,962/2013

  • Decree No. 8,771/2016

  • Decree No. 8,777/2017

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