Brazil
| OVERVIEW | Limited privacy legislation; however, it has adopted a significant new form of privacy and data protection: habeas data. |
| ENACTED | 1997 |
| GENERAL PRIVACY LAWS |
Article 5 of 1988 Constitution provides for “habeas data” which guarantees certain rights with respect to databases. Habeas Data Law 1997 Brazilian Civil Code |
| PERSONAL DATA PROTECTION LAWS AND REGULATIONS |
No comprehensive privacy and data protection statute. In 1998, the Brazilian legislature voted a new Constitution which included a new right never seen before: the habeas data complaint. Habeas Data is a constitutional right granted in several countries primarily in Latin America. It shows variations from country to country, but in general, it is designed to protect, by means of an individual complaint presented to a constitutional court, the image, privacy, honor, information self-determination and freedom of information of a person. |
| TYPE OF DATA PROTECTED | Habeas Data protects personal information. |
| WORKPLACE PRIVACY LAWS | The highest Brazilian Labor Court (TST – Tribiunal Superior do Trabalho) issued a decision regarding privacy and corporate email. One decision held that an employee does not have a reasonable expectation of privacy when using his corporate email account. It is permissible for employers to monitor employee use of corporate email accounts. |
| TRANSBORDER TRANSFERS | No law restricting the transborder transfer of personal data. |
| FINES AND SANCTIONS | N/A |
| OTHER PRIVACY LAWS AND REGULATIONS | Brazilian Civil Code Habeas Data Law Information Technology Law Telecommunications Act |
