Protection of Personal Data in Brazil


Article 3, Limits of the Enforcement of the Law


Article 3º. - This law applies to any operation of treatment performed by a natural person or a juridical entity of public or private law, independent of the means, the country of the headquarter or of the country where are the data, since them:

I. - the operation of treatment be performed into the Brazilian jurisdiction;

II. - the action of treatment has as aim the offer or supply of goods or services or the treatment of individual’s data that are in Brazilian jurisdiction; or

III. - the personal data that is object of the treatment has been collected in Brazilian jurisdiction.

§1º – it is considered collected data in Brazil when the personal data of whom is collected is of a person that is in Brazil in the moment of the data mining.

§2º – the incise I above is not applied when the data is a foreigner data, which one will not be used under Brazilian jurisdiction, observing that the country of origin of this data shall have protection of data in a similar degree to the protection in Brazil. 


§11. The Article 3 call us for a more deep observation. This article establishes the limits of the enforcement of the Law. Of course a State can not rule a jurisdiction that is of other State. But as it happens with the world-wide income, in the tax field, also happens with the data considered as an asset, in the cyber-law area. Observes: the conditions of the incidence of this law is that the operation of data treatment be developed in Brazilian territory, and that the treatment service has as aim the offer or the providing of goods and services, or the treatment of data of individuals that are into the Brazilian territory; an alternative condition is that the personal data was obtained, collected, in Brazil. Then, for example, we have the necessity of this law when the treatment of the data happens in Brazil, when the data has Brazil as its local source, origin, not matter if it is a foreigner on travel in Brazil that are producing the data; or when a foreigner company collect data inside the Brazilian jurisdiction.


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Rafael De Conti, Rafael Augusto De Conti, Brazilian Digital Lawyer, Cyber Lawyer, Lawyer in Brazil