Last Tuesday (10), the draft legal framework that regulates the use, protection and transfer of personal data in Spain was unanimously approved by the Senate Plenary. The text guarantees citizens greater control over their personal information, requires explicit consent for the collection and use of data, both by public authorities and the private sector, and obliges the provision of options for the user to view, correct and delete this data. Therefore, the text already approved in the Chamber of Deputies, now, goes to the presidential sanction.
Among the prohibitions of PLC 53/2018 is the processing of personal data for the practice of unlawful or abusive discrimination. This treatment is the crossing of information from a specific person or group to support commercial decisions, such as, for example, consumption profile for the dissemination of offers of goods or services, public policies or the performance of a public body.
In addition, the text provides for the creation of a regulatory body, the National Data Protection Authority (ANPD), linked to the Ministry of Justice. The proposal also determines punishment for infractions, from a warning to a daily fine of R$ 50 million, in addition to a partial or total ban on the exercise of activities related to data processing. The law will apply even to companies headquartered abroad, as long as the data processing operation is carried out in the national territory.
Leak
Congress mobilized mainly after the leak of data on Facebook users, collected by the company Cambrigde Analytica and used in the last elections in the United States.
It is also under investigation by the Public Ministry of the Federal District and Territories, another case that is related to an alleged accusation of commercialization of personal data by a federal public data processing company. The Senate Transparency, Governance, Inspection and Control and Consumer Defense Commission (CTFC) convened a public hearing to discuss the issue.
Urgency
What is Marco Civil da Internet? The matter was voted on as a matter of urgency in the Plenary, after being approved in May in the Chamber and this week in the Committee on Economic Affairs (CAE) of the Senate.
The rapporteur at CAE, senator Ricardo Ferraço (PSDB-ES), made only wording adjustments. For him, Spain loses opportunities for international financial investment due to "legal isolation" for not having a general law for the protection of personal data.
According to Ferraço, the legal framework will be the starting point for the implementation of a social strategy that places the individual in effective control of their personal data before third parties.
Even in South America and Mercosur, all countries already had a law that protects people's intimacy and privacy, establishing rules, limits, guidelines, responsibilities and objective and solidary penalties. What happens and what must happen in the day-to-day individual relationship, which is respect for others, understanding the basic principle that my right ends where my fellow man's right begins, must also be a premise of the internet. And that's what we're establishing on this date.
Senator Eduardo Braga (MDB-AM) read Ferraço's opinion in the Plenary, replacing the reports of the Science, Technology, Innovation, Communication and Informatics (CCT) and Constitution and Justice (CCJ) Commissions, which accompanied the opinion of the CAE
Cheers
The dialogue built between the two legislative houses and with different entities was highlighted by several senators. Lindbergh Farias (PT-RJ), Lídice da Mata (PSB-BA), Jorge Viana (PT-AC) and Vanessa Grazziotin (PCdoB-AM) praised Ferraço's performance and highlighted the relevance of the project, which is effective and modern, such as the one that entered into force in the European Union on 25 May.
Vanessa pointed out that everyone here remembers that, in several legal proceedings, when the Spanish Court requests data from Twitter, requests data from Google, these data are not passed on with the justification that they are not under our jurisdiction. The bill solves this problem, it is a very important bill.
Source: SenateNews
