The Brazilian government’s proposal for Brazil’s first data protection framework (‘the
Proposal’) hit a stumbling block after major concerns were
raised in public comments.
After the public consultation period ended, those reviewing the
comments made numerous suggestions for changes, such as tightening
the definition of what constitutes personal data, clarifying the
consent for processing rules, defining the jurisdictional scope of
the laws, adopting a more European approach to international
transfers of data, and creating a data protection authority.
The definitions of personal data and consent are considered by
many to be too broad. In relation to personal data, the extent to
which anonymised data falls within the definition is unclear. The
issue with such a broad definition of consent is that individuals
could become desensitised to the importance of privacy, as no
distinction is drawn between the varying types of consent.
