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Brazil Fake News Bill May Undercut Brazil’s Data Protection Gains – Bill to Be Voted on Tomorrow

On May 13, 2020, Senator Alessandro Vieira presented Bill n. 2630/2020 (“Bill”) to the Brazilian Senate, which the Senate is calling the “Fake News Law.” Officially, this Bill establishes the Brazilian law of “freedom, responsibility and transparency on the internet.” It was introduced in the context of the alleged use of fake news by political parties and other public sector stakeholders in Brazil.

Last Friday, June 19, 2020, an unofficial new version of the Bill was distributed and caught the attention of the Brazilian privacy community. This new version, allegedly drafted by Rapporteur Senator Angelo Coronel (“Rapporteur”), introduces new provisions that LatAm privacy experts deem concerning. Articles 5, 7, 24 and 28 of the new version of the Bill introduce requirements related to data collection, retention and localization.

It is expected that the Rapporteur will officially present the new version of the Bill to the Brazilian Senate today and that the Senate will discuss and possibly vote on it tomorrow. No formal public consultation has been announced for the Bill, but the Rapporteur seems to be accepting comments informally.

Read the unofficial English translation of the Bill.

Copyright © 2020, Hunton Andrews Kurth LLP. All Rights Reserved.National Law Review, Volume X, Number 176



About this Author

In today’s digital economy, companies face unprecedented challenges in managing privacy and cybersecurity risks associated with the collection, use and disclosure of personal information about their customers and employees. The complex framework of global legal requirements impacting the collection, use and disclosure of personal information makes it imperative that modern businesses have a sophisticated understanding of the issues if they want to effectively compete in today’s economy.

Hunton Andrews Kurth LLP’s privacy and cybersecurity practice helps companies manage data and...

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