Brazil: Senate proposes bill to amend Penal Code qualifying computer device invasion as a crime
The Brazilian Senate proposed, on 7 April 2022, Bill No. 879 of 2022 which would amend Decree-Law No. 2,848, of 7 December 1940 ('Penal Code') to qualify computer device invasion as a crime when personal data is obtained in this way, and create the crime of 'kidnapping of computer data'.
More specifically, the bill would provide for the following:
- a penalty of imprisonment from two to five years, and a fine, if the conduct does not constitute a more serious crime, in cases where the invasion results in the obtaining of personal data, the content of private electronic communications, secrets commercial, industrial, or confidential information, as defined by law, or unauthorised remote control of the hacked device;
- a penalty of imprisonment, from three to six years, and a fine for those who offer, distribute, sell, or disseminate malicious code or computer programs, with the intent to make unusable or inaccessible by any means, and to cause embarrassment, inconvenience, or damage, to third-party computer systems or data;
- a penalty of imprisonment, from four to eight years, and a fine, if the agent engaged in prohibited practices in order to obtain, for themselves or others, any advantage as a condition or price of redemption;
- the penalty is increased from one third to half if the crime is practised against:
- the President of the Republic, Governors, and Mayors;
- the President of the Federal Supreme Court;
- the President of the Chamber of Deputies, of the Federal Senate, of the State Legislative Assembly, of the Legislative Chamber of Federal District or City Council; and
- the top manager of direct and indirect administration in federal, state, municipal, or Federal District;
- the penalty is increased from half to two-thirds if the crime affects data of computer systems of any of the Union, State, Federal District or Municipality, public foundation, or public company, among others.
Following consideration in the Senate, the bill must be considered in the Chamber of Deputies, and finally approved or vetoed by the President of the Republic.