Mark NadiloLula’s Privacy Invasion:Brasília, August 6, 2024 – The latest decision by President Lula, announced by the National Consumer Secretariat (Senacon), has generated significant concern and outrage among experts and defenders of digital rights. Under the guise of protecting consumers, the technical note issued by the Ministry of Justice imposes a series of requirements on major technology platforms that, according to legal experts, represent a serious violation of privacy and the security of Brazilian citizens’ data.
Context and Requirements of the New Document
The technical note from Senacon, signed by Wadih Damous, establishes that big tech companies must create two APIs (Application Programming Interfaces) to disclose information related to advertising and user behavior. The document, which aims to increase transparency about advertising practices and data usage, has drawn heated criticism for its proposal to collect and disclose sensitive information.
Advertising API: The first API requires social media platforms to disclose 58 detailed requirements about advertisements, including data on audience segmentation and the use of Artificial Intelligence (AI). These requirements aim to reveal sales strategies and the effectiveness of advertising campaigns.
User Data API: The second API is even more controversial. It will allow access to personal and behavioral information of users, including geographic location, browsing history, and temporary data like stories and instant messages. This measure is seen by many as a direct invasion of users’ privacy and a risk to data security.
Legal Criticisms and Concerns
Legal Inadequacy and Privacy Violation
Legal experts and lawyers specializing in Digital Law have expressed concern about the content and form of the technical note. According to them, the document suffers from several flaws that undermine its legal validity and adequacy for data protection.
Lack of Legal Basis: According to Rodrigo Marinho, a lawyer and Constitutional Law expert, the technical note lacks the necessary legal support to impose such requirements. “The Executive can only issue decrees or technical notes based on existing laws and regulations. However, Senacon has exceeded these limits by creating detailed and extensive obligations without adequate legislative backing,” Marinho says.
Privacy Invasion: The lack of clarity on how information will be protected and managed, coupled with the possibility of access to sensitive data, is seen as a serious breach of privacy. Emerson Grigollette, a lawyer and Digital Law professor, criticizes the measure for not clarifying who will have access to the data and how it will be protected, risking citizens’ privacy and data security.
Violation of the Economic Freedom Law: The Law 13.874/2019, known as the Economic Freedom Law, aims to protect free enterprise and market economy. The imposition of detailed rules on how companies should handle their advertisers and create their APIs may be interpreted as an undue interference in companies’ operations, violating the economic freedom guaranteed by this law.
Constitutional Conflict: The Federal Constitution of Brazil guarantees protection of privacy and personal intimacy. The proposal for access to personal data and the disclosure of sensitive information without proper legislative backing may be considered a violation of these constitutional principles. According to Article 5, Section X of the Constitution, privacy is a fundamental right that cannot be breached without due legal process.
Sector Reaction and Potential Consequences
The reaction of major technology platforms to the government’s new requirement is of great concern. Companies will have specific deadlines to implement the changes required by the technical note – four months for the advertising API and 12 months for the public data API. However, the complexity and cost involved in adapting to the new rules are significant.
Investments and Structural Changes: Platforms will need to invest heavily in restructuring their data architectures and systems to meet the new requirements. This may involve significant changes in how data is stored and processed, as well as possible revisions to their security systems.
Risk of Legal Actions: It is widely expected that big techs will turn to the judiciary to challenge the validity of the technical note. The legal battle could extend for months or even years, bringing uncertainties about the implementation and applicability of the new rules. For Hélio Moraes, a lawyer and Digital Law professor, the measure is an extremely intrusive step and may lead to a series of legal disputes affecting both companies and users.
Analysis and Future Perspectives Lula’s Privacy Invasion
The creation of stricter regulations on transparency and data usage is a recurring topic in the debate on digital privacy and data protection. However, the approach taken by the Lula government raises serious questions about the compatibility and effectiveness of these measures. The use of a technical note to impose detailed rules and the lack of an adequate impact analysis are central concerns that need to be urgently addressed.
The Lula administration’s proposal may have good intentions of increasing transparency and protecting consumers, but the execution and format raise fundamental issues regarding privacy protection and compliance with current legislation. As the debate continues and platforms prepare to react, the future of the technical note and its implications for the digital sector remain uncertain.