Law Privacy and Data Protection

Privacy and Data Protection in Brazil

By Patricia Peck Pinheiro
Kluwer Law International March 2023

Specifications

ISBN-13
9789403535265
Publisher
Kluwer Law International
Publication
March 2023
Format
Paperback
Jurisdiction
Netherlands ? Countri(es) for reference only

Details

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.

Table of Contents

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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