On October 3rd, 2017 a new opinion on the Senate Bill No. 330/2013 (“PLS 330/2013”) was presented. PLS 330/2013 intends to regulate the protection, treatment and use of personal information regarding individuals and legal entities, governed by private or public law and also to set forth the administrative sanctions in case of non-compliance.

This Bill was justified by citizen’s legal insecurity due to recent events in the country related to the use of the database of the Brazilian people by several authorities.

The opinion proposed to amend the following points:

• Principles for the Regulation of Personal Information. Establish the normative interaction between the principles that regulate the personal information use and the fundamental principles set forth in the Brazilian Constitution.
• Conflict. In case of conflict between the generic rules and the PLS 330/2013, the last shall prevail.
• Definition of Personal Information. Provide a legal, appropriate and restrictive definition for personal information, in accordance with Bill No 5276/2016.
• National Personal Information Protective Authority. Request of authorization from the Executive Power to create a central authority that will be responsible for inspecting the regulations for personal information.
• Civil Liability for Damages to the Owner of the Information. Establish that the civil liability shall be restricted to the person/legal entity that does not comply with the rules, except if there is more than one agent involved in the same action.

PLS 330/2013 shall be forwarded for approval at the Committee of Economic Affairs, Committee of Justice, Citizenship and Constitution and at the Senate.

The Corporate Department of Kestener, Granja & Vieira Advogados is available to provide any further information required on this subject:

Fabio Alonso Vieira

Phone: +55 11 3149-6111

fabio.vieira@kgvlaw.com.br

This article is intended exclusively to provide information and does not contain any opinion, recommendation or legal advice from KGV Advogados in relation to the matters herein addressed. Copyrights are reserved to Kestener, Granja & Vieira Advogados.