By Fabio Vieira and Eduarda Baldavira Last week, through an intelligence report by the company Group-IB, which performs continuous checks on the Internet for anomalies, a security gap in the server of the Ministry of Economy that occurred in January 2021 was disclosed. According to the report, the data of about 20,000...
By Fabio Vieira e Gabriela Tchalian In October 2016, technology company Uber Technologies Inc. ("Uber") suffered a hacker attack and had personal data of 57 (fifty-seven) million users leaked. Out of the total, 50 (fifty) millions of those affected were customers and the remaining were drivers. The issue is that the incident...
By Fabio Vieira e Gabriela Tchalian On June 15, 2022, Resolution No. 659 of July 26, 2021, ("Resolution"), which establishes the National Health Information and Informatics Policy ("PNIIS"), was published in the Official Gazette. The normative novelty is welcome, as the Covid-19 pandemic which started in 2020 has boosted digitization and use...
By Fabio Vieira e Gabriela Tchalian On May 10, 2022, National Personal Data Protection and Privacy Council’s ("CNPD") Internal Regulation was published on the Official Union Gazette. Broken down into thirty-three (33) articles, the Internal Regulation provides for: CNPD composition; CNPD competence; Duties of the CNPD President; Duties of its members; Organization,...
By Fabio Alonso Vieira, Carolina Barbosa Cunha Costa, and Eduarda Mourad Baldavira Early last year (4.1.2021), the messaging app WhatsApp announced changes to its Privacy Policy, which were seen by many experts as abusive because they allowed the sharing of personal data of the app's users with Facebook Group companies, and...
By Fabio Alonso Vieira and Eduarda Mourad Baldavira At the end of November 2021, Brazilian National Data Protection Authority ("ANPD"), by its president-director Waldemar Gonçalves Ortunho Junior, and Superior Electoral Court ("TSE"), by Minister Luís Roberto Barroso, signed the Technical Cooperation Agreement No. 4/2021 ("Agreement"), which aims to implement cooperative actions...
MP 1.124/2022 seeks to transform the National Data Protection Authority ("ANPD") into an autarchy of a special nature, with technical and decision-making autonomy. In addition, the new autarchy will have legal authority and its own assets, with headquarters and jurisdiction in the Federal District. The ANPD's transformation into a special autarchy promotes...
By Fabio Alonso Vieira, Carolina Barbosa Cunha Costa, and Gabriela Tchalian Arcos Dourados, the company which maintains the McDonald's network in Brazil, has reported to have suffered a leak of customers’ personal data. The precise date of the leak is unknown; however, potentially affected customers have been notified by email on April...
By Fabio Alonso Vieira, Flávio A. Spegiorin Ramos, Carolina Barbosa Cunha Costa and Eduarda Mourad Baldavira The Court of Justice of the State of São Paulo ("TJSP") unanimously condemned the telecommunications company Vivo to indemnify a user for failure to protect his personal data for R$ 10,000.00(ten thousand reais)[1]. The user alleged...
By Fabio Alonso Vieira, Carolina Barbosa Cunha Costa, and Gabriela Tchalian On March 8, 2022, Deputies Thiago Mitraud and Adriana Ventura, both from the New Party, presented in the House of Representatives Bill No. 454/2022 ("PL No. 454/2022"), which now awaits consideration by the Federal Senate. PL No. 454/2022 intends to amend...