Support Centre

You have out of 5 free articles left for the month

Signup for a trial to access unlimited content.

Start Trial

Continue reading on DataGuidance with:

Free Member

Limited Articles

Create an account to continue accessing select articles, resources, and guidance notes.

Free Trial

Unlimited Access

Start your free trial to access unlimited articles, resources, guidance notes, and workspaces.

Brazil: Supreme Court issues decision against provisional measure requiring telcos to share data with IBGE

The Supreme Federal Court ('the Supreme Court') announced, on 24 April 2020, that Judge Rosa Weber had issued, on the same day, a decision ('the Decision') for a precautionary measure against Provisional Measure 954/2020 of 17 April 2020 ('the Provisional Measure'), which required telecommunication operators ('telcos') to share customer personal information with the Brazilian Institute of Geography and Statistics Foundation ('IBGE') to support official statistical production during a public health emergency. In particular, the Decision outlines that the Order of Attorneys of Brazil had submitted a direct action of unconstitutionality against the Provisional Measure, citing that it violates the principles of human dignity, the inviolability of intimacy, private life, honour and people's image, as well as the principle of secrecy of information and self-determination, as protected by the Constitution of Brazil.

In addition, the Decision highlights that principles introduced by Law No. 13.709 of 14 August 2018, General Personal Data Protection Law (as amended by Law No. 13.853 of 8 July 2019) ('LGPD'), such as the purpose of the processing and the necessity, adequacy, and limitation of personal data were not observed by the Provisional Measure, which also did not include any references to a technical or administrative mechanism capable of protecting unauthorised access or accidental leakage to personal data. Following the above, the Decision suspends the effectiveness of the Provisional Measure, determining that the IBGE refrain from using any personal data received by telcos.  

The Decision will be submitted to the Plenary of the Supreme Court for a referendum.

You can read the press release here and the Decision here, both only available in Portuguese.

UPDATE (11 May 2020)

Brazil: Supreme Court suspends data sharing between telcos and IBGE

The Supreme Court announced, on 7 May 2020, that its plenary session had issued a decision suspending the effects of the Provisional Measure. In particular, the Supreme Court highlighted that the Provisional Measure violates the provisions of the Constitution that ensure the dignity of the human person, the inviolability of intimacy, private life, honor and image of people and the confidentiality of data. 

You can read the press release, only available in Portuguese, here.