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WORKING PAPER • VOL. 2 • N° 5 • FEBRUARY 2016

THE RIGHT TO PRIVACY AND PERSONAL DATA PROTECTION IN BRAZIL: TIME FOR INTERNET PRIVACY RIGHTS?

 

by Vinícius Borges Fortes

ABSTRACT

 

The Brazilian Internet Bill of Rights, called ‘Marco Civil da Internet’, instituted various principles and parameters for Internet regulation in Brazil. There is however a persistent gap in the Brazilian legal system concerning laws and infrastructure for the effective guarantee of the right to data protection online, coupled with the absence of specific conceptual precision on the notion of privacy on the Internet. In this context, this paper examines the convenience of using the innovative concept of ‘Internet privacy rights’, composed of four rights. The study concludes that the express reception of such Internet privacy rights by the laws that govern it and related topics in Brazil, especially those that regulate or will regulate the protection of personal data in the country, allows the redefinition of the core of the fundamental right to privacy, where only the protection of private life, honour, intimacy and image are considered. Ultimately, it argues that Internet Privacy Rights shall be regarded as included in the core of the fundamental right to privacy in the Brazilian legal system.

 

Keywords: Fundamental rights. Internet. Internet privacy rights. Personal data protection. Privacy.

 

 

 

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