[A2k] [bestbits] NEW - English Version of Brazilian Marco Civil Bill

Eduardo Bertoni ebertoni65 at gmail.com
Thu Nov 14 01:57:23 PST 2013

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.



Eduardo Bertoni

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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