Will Temer veto the creation of a national data authority?
Brazil's President Michel Temer is considering vetoing an item of the newly approved data protection bill that refers to the creation of a national data protection authority, according to local media reports.
Citing close aides to the president, newspaper Folha de São Paulo reported Temer would be considering writing off this item as it would impact public coffers in a moment of fiscal adjustment and belt-tightening in public expenses.
His economic team, including the finance ministry, would oppose the creation of another agency.
Furthermore, Temer's staff argues that national intelligence agency Abin and the federal police already engage in this activity, including matters of citizens' data protection.
Digital affairs lawyer and researcher Rafael Zanatta, member of the IDEC consumer protection agency, however, wrote on Twitter:
"No, @MichelTemer. Your advisors are wrong. The Personal Data Protection Authority cannot be replaced by the Brazilian Intelligence Agency or the Federal Police. This is absurd!". On Monday, Zanatta called on civil society to pressure for a veto-free signature.
According to the terms of the bill, the national data protection authority will be responsible for defining the implementation of the national data protection system, for specific regulations that would still need to be outlined and for overseeing the application of the law.
The new agency would have three directors with terms of three, four and five years, respectively, and be linked to the justice ministry, though with a separate budget.
In addition to the data authority, the bill also provides for the creation of a multi-stakeholder advisory council with representatives from the government and civil society, with two-year terms and right to reappointment for an equal period.
The bill passed last week after years of discussion in congress. It received a last-minute push and inspiration from the EU's general data protection regulation (GDPR), which became effective on June 25. GDPR also established the creation of a data authority.
In general, the Brazilian bill is supported by the private sector, the retail segment, by digital experts and consumer protection entities, among others, while being partially opposed by banks. Companies will now have 18 months to adapt to the law.
Concerns over a presidential veto were addressed by Andriei Gutierrez (pictured), head of regulation at Brazilian software industry association ABES in an interview with BNamericas.
"We defend the creation of a data protection authority, and as it is provided for in the text. This is perhaps the point of highest concern regarding the possibility of vetoes," Gutierrez said.
In a statement, the Brazilian association of internet hosting infrastructure (Abrahosting) also defended the approved bill. Abrahosting said that the situation of national providers will be more competitive and "legally comfortable" in comparison to other competitors in the cloud industry.
According to the entity, although compliance with the law will imply more investment in infrastructure and governance, Brazil is now on par with other countries regarding the issue.
In Latin America, at least eight countries already have data protection legislation in place.
"Our technical conditions are among the best on the planet, but we were lagging behind several countries in these individual guarantees, and this represented a constant threat of commercial disadvantage for our services, especially for those customers transacting with corporations submitted to GDPR," Abrahosting president Vicente Moura Neto said.
According to Neto, the creation of an independent layer of arbitration for personal data protection issues, with direct participation of companies, government and users, is positive as it gives the market some margin of self-regulation.
Subscribe to the leading business intelligence platform in Latin America with different tools for Providers, Contractors, Operators, Government, Legal, Financial and Insurance industries.
News in: ICT (Brazil)
Modular Data Centers to double contracted capacity, enter new markets
One of Latin America’s biggest developers of modular datacenter solutions, the company estimates that it will end this year with a project backlog ...
Padtec announces partnership with Hayex Technology focused on the Peruvian market
The objective is to expand the Brazilian manufacturer's presence in Latin America, especially in Peru, where Hayex has been operating for more than...
Subscribe to Latin America’s most trusted business intelligence platform.
Other projects in: ICT (Brazil)
Get critical information about thousands of ICT projects in Latin America: what stages they're in, capex, related companies, contacts and more.
- Project: CloudHQ Paulínia data center (GRU technological campus)
- Current stage:
- Updated:
2 days ago
- Project: Norte Conectado Program (Infovia 03)
- Current stage:
- Updated:
2 weeks ago
- Project: Norte Conectado Program (Infovia 02)
- Current stage:
- Updated:
2 weeks ago
- Project: Espírito Santo fiber optic network (ES-Digital)
- Current stage:
- Updated:
2 weeks ago
- Project: CloudHQ Rio de Janeiro data center (GIG Campus)
- Current stage:
- Updated:
2 weeks ago
- Project: Expansion of the Oi trunk network
- Current stage:
- Updated:
3 weeks ago
- Project: Optical Mesh - Santos Basin
- Current stage:
- Updated:
1 month ago
- Project: SFORPF01 data center (Phase 1)
- Current stage:
- Updated:
1 month ago
- Project: Digital infovia in Mato Grosso do Sul
- Current stage:
- Updated:
1 month ago
- Project: Hortolândia Data Center Extension 6
- Current stage:
- Updated:
1 month ago
Other companies in: ICT (Brazil)
Get critical information about thousands of ICT companies in Latin America: their projects, contacts, shareholders, related news and more.
- Company: Serviços Aéreos Industriais Especializados SAI Ltda.  (SAI Brasil)
-
SAI is a Brazilian company, set up in 2003, operating all over Latin America, and specialized in providing Airborne LiDAR Survey and Multibeam Bathymetry. Operates with its own ...
- Company: Argus Media Brasil
-
The description contained in this profile was taken directly from an official source and has not been edited or modified by BNamericas researchers, but may have been automatical...
- Company: Furukawa Industrial S.A. Produtos Eletricos  (Furukawa Industrial)
-
Furukawa Industrial SA Produtos Eletricos (Fisa) manufactures and markets electrical conductor cables, fiber optic cables and telephone cables, as well as telecommunications equ...
- Company: WireLink  (Wire Brasil)
- Company: BRFibra
- Company: Consórcio Telefonica - BRFibra - Wirelink - ICOM - SEA Telecom - Aquamar
-
Telefonica - BRFibra - Wirelink - ICOM - SEA Telecom - Aquamar Consortium is a partnership formed by Telefonica, BRFibra, Wirelink, ICOM, SEA Telecom and Aquamar for the impleme...
- Company: Sky Brasil Serviços Ltda.  (Sky Brasil)
-
Sky Brasil Serviços Ltda. (Sky Brasil) is a Brazilian satellite pay-TV provider that uses Ku band to bring digital content to more than 5.2mn residential consumers in Brazil. Th...
- Company: Ascenty Data Centers e Telecomunicações S.A.  (Ascenty)
-
Brazilian data center infrastructure and connectivity solutions provider Ascenty Data Centers e Telecomunicações S.A. (Ascenty) was founded in 2010 and is headquartered in the c...