Protection of Personal Data in Brazil


Article 4, Limits of the Enforcement of the Law


Article 4º – This law do not applies to the treatment of personal data:

I. - that are performed by a natural person for private and non economical purposes;

II. - that are performed for the following purposes:

a) journalistic or artistic; or

b) academic, in the terms of the articles 7º and 11 of this law;

III. - that are performed for the following purposes:

a) public security;

b) national defense;

c) security of the State; or

d) activities of investigation and combat in the criminal sector; or

IV. - personal data that are originated from a foreigner jurisdiction and that are not object of communication, shared use of data with Brazilian agents of treatment or that are data object of international data transfer with other country that not the one of the data’s origin, since that the country of origin has a similar degree of data protection than has Brazil.

§1º – The data treatment, of personal data, mentioned in the incise III above shall be ruled by specific legislation, that shall establish proportional measures and strictly necessary to get the public interest, observed the due process of law, the general principals of protection and the rights of the data owner stated in this law.

§2º – The data treatment of the data mentioned in the incise III above is not allowed to juridical entity of private law, except in proceedings under the supervision of the juridical entity of public law, which ones will be object of report to the national authority of data protection and that shall observes the limitation of the paragraph 4º bellow.

§3º – The national authority will provide technical opinions or recommendations related to the exceptions of the incise III above and shall ask for the liable persons the reports of impact on the protection of personal data.

§4º – It is not allowed that the totality of personal data of the data bases related to the incise III above be treated by person of private law, except by that one which has capital fully payed by the public power. 


§12. And the Article 4 gives the precision on the limits of the jurisdiction of this Law, that can not be applied when there is no economical target in the treatment of the data did by a natural person. Aims such as art and journalism also are immune. Concerning to public security (crimes), national defense (war), security of the State (sovereigner's securing), all these issues are regulated in specific provisions, that will be discussing how the due process of law shall be in the game, as well as how private companies shall treat this kind of data processing - one interesting observation is that the totality of these data can not be treated by the private sector.


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