Brazil
Brazilian House of Representatives Considers Bill of Law
Criminalizing Fake User Profiles on Internet
On July 2, a bill of law (source document in Portuguese)
proposing the criminalization of fake user profiles on the internet
was introduced to the Brazilian House of Representatives. The Bill
proposes to amend article 307 of the Criminal Code (source document in Portuguese),
criminalizing the use of a fake profile on the world wide web. If
approved, the law will be applied to those who attribute to
themselves or to a third party a fake identity, including through
the internet or any other electronic platform, with the intent of
harming, intimidating, threatening, obtaining an advantage over, or
damaging a third party to the agent's benefit or the benefit of
a third party.
Brazilian Court Rules Anonymous Apps
Unconstitutional
On August 18, a Brazilian civil court in Vitória, Espirito
Santo, granted a preliminary injunction (source
document in Portuguese) to a public prosecutor,
prohibiting certain companies from distributing an
anonymous sharing app and Microsoft from distributing the
Windows Phone client, Cryptic. Chapter Five, Article 1 of the Brazilian Constitution specifies that
"the expression of thought is free, anonymity being
forbidden" and provided the legal justification upon which the
Brazilian judge rested his decision.
Brazilian Arbitration Chamber Specializing in Information
Technology and e-Commerce Initiates Activities
Created in 2013, the Brazilian Chamber of Mediation and Arbitration of
Internet Technology, E-Commerce, and Communication recently
started its activities, acting as an arbitrage court composed of
specialists in laws applicable to information technology. The
Chamber mediates conflicts and legal discussions. It is independent
and is focused on the solution of conflicts involving electronic
frauds, violations of privacy, and virtual bids, among other
matters.
Chile
Chilean Senate Approves Constitutional Amendment
Project
On September 9, the Senate of the Republic of Chile approved in general (source document in
Spanish) a proposed constitutional amendment that seeks to
constitutionally protect personal data. During the parliamentary
debate, senators discussed the use of databases, the need to
clearly differentiate between public and private records, the
relevance of having a public institution to safeguard this new
right, and the repercussions of including owner consent as a
requirement for the processing of personal data. The project was
returned to the Committee on Constitution, Legislation, Justice,
and Regulation for further review and discussion. Congressmen will
have until October 13 to file recommendations.
Mexico
Mexican Data Protection Authority Votes Against Privacy
Challenge of Telecom Law
On August 13, the Mexican Data Protection Authority
("IFAI") voted not to challenge (source document in
Spanish) the Federal Telecommunications and Broadcasting Act
2014 (source document in Spanish) in the Mexican Supreme Court.
Four out of seven IFAI commissioners voted against a proposal to
use the IFAI's powers to challenge several articles of the Act
on the grounds that they violated the constitutional rights to
privacy and the protection of personal data. The Act came into
effect on August 13 and is controversial for reducing freedom to
access information, extending data retention periods, and
increasing the surveillance powers of the Mexican
authorities.
IFAI, IMSS, and Profedet Initiate Working Group to Improve
Method by Which Citizens Can Access Personal Data
On August 28, the IFAI, the Mexican Social Security Institute, and
the Mexican Federal Office for the Protection of Labor installed an
interagency working group (source document in Spanish) to
expedite the attention to requests by rightholders for access to
their personal information.
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