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Privacy and Data Protection in Brazil

Privacy and Data Protection in Brazil

Author: Patricia Peck Pinheiro
Publisher: Kluwer Law International
ISBN: 9789403535265
Published In: March 2023
Format: Paperback
Jurisdiction: Netherlands ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical guide to privacy and data protection law in Brazil covers every aspect of the subject, including the protection of private life as a fundamental – constitutional – right, the application of international and/or regional conventions protecting the right to privacy, privacy rights in the context of electronic communications or at the workplace, and the protection of individuals regarding the processing of personal data relating to them.

Following a general introduction about the country, the monograph assembles its information and guidance in two parts: (1) protection of privacy, including national case law regarding the protection of this fundamental right, specific legislation on the confidentiality of interpersonal communications, and sector-specific rules regarding privacy protection, such as privacy rights of employees, patients, consumers or celebrities; (2) personal data protection, including not only general rules on data quality, legitimate processing, data retention, data subject rights, security and accountability, but also specific provisions regarding the processing of health data or other sensitive personal information, further processing for research purposes, exemptions for law enforcement or national security purposes, and rules regarding liabilities, sanctions and redress.

List of Abbreviations

General Introduction

Part I. Privacy Protection in Brazil

Chapter 1. Privacy Protection in the Constitution

Chapter 2. National Application of Regional and International Conventions

Chapter 3. Privacy in Electronic Communications

Chapter 4. Other Relevant National Legal Provisions Regarding the Protection of Privacy

Part II. National Data Protection Law

Chapter 1. Background: General of the Brazilian Data Protection Law and Other Similar Relevant National Legislation

Chapter 2. Material, Personal and Territorial Scope of the Brazilian Data Protection Law

Chapter 3. Concepts and Definitions of the Brazilian Data Protection Law

Part III. General Principles

Chapter 1. General Principles of LGPD

Chapter 2. Legal Grounds for Processing Personal Data

Chapter 3. Special Categories of Personal Data

Part IV. Data Subject Rights

Chapter 1. Right to Be Informed

Chapter 2. Right of Access

Chapter 3. Right of Rectification

Chapter 4. Right to Erasure

Chapter 5. Right to Data Portability

Chapter 6. Right to Revocation of Consent

Chapter 7. Right to Object

Chapter 8. Right to Review Decisions Made Solely Based on Automated Processing

Part V. Duties of Controllers and Processors

Chapter 1. National Rules Regarding Duties of Controllers

Chapter 2. National Rules Regarding Joint Controllers

Chapter 3. National Rules Regarding Processors

Chapter 4. Security Obligations

Chapter 5. Data Protection Office or Similar Functions

Part VI. Codes of Conduct and Certification

Part VII. International Transfers

Chapter 1. General Principles

Chapter 2. Transfers in the Context of International Agreements (For Example, Mutual Legal Assistance Treaties)

Part VIII. Enforcement

Chapter 1. Supervisory Authorities

Chapter 2. Composition

Chapter 3. Competence, Tasks, and Powers

Chapter 4. Remedies

Chapter 5. Liabilities

Chapter 6. Penalties

Part IX. Specific Processing Situations

Chapter 1. Processing for Journalistic Purposes and Academic, Artistic or Literary Expression

Chapter 2. Processing of Personal Information Versus Public Access to Official Documents

Chapter 3. Processing of the National Identification Number

Chapter 4. Processing in the Context of Employment

Chapter 5. Processing for Scientific Research, Public Archiving, and Statistical Purposes

Part X. Specific Data Protection Regimes

Chapter 1. Obligations of Professional Secrecy

Chapter 2. Law Enforcement Agencies

Chapter 3. National Security Services

Chapter 4. Implementing the Brazilian Data Protection Law as a Form to Reassure the Principle of Free Competition in a Surveillance Capitalism Era

Bibliography

Index

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