On June 6, 2013, The Guardian, a British national daily newspaper, and the Washington Post, an American daily newspaper, revealed one of the most significant leaks in U.S. political history. Edward Snowden, former technical assistant for...
moreOn June 6, 2013, The Guardian, a British national daily newspaper, and the Washington Post, an American daily newspaper, revealed one of the most significant leaks in U.S. political history. Edward Snowden, former technical assistant for the CIA and employee of the defense contractor Booz Allen Hamilton, disclosed numerous top-secret documents of the U.S. National Security Agency (NSA) and its international partners to the public. According to American journalist Glen Greenwald, the disclosures revealed that the NSA had established a data collection center in Brasilia, Brazil’s capital. The center allowed the NSA to systematically tap into the local telecommunication network and intercept all forms of communication records and private user data of millions of citizens, including that of President Dilma Rousseff and her top aides. Subsequently, this revelation, among others, sparked an international debate surrounding the right to privacy, data protection, and access to information.
Brazil recognizes the right to privacy and data protection through several provisions and principles outlined in their Federal Constitution, Civic Code, and laws and regulations that address particular relationships, sectors, and professional activities. However, these regulations are oftentimes seen as contradictory and irresolute. The Marco Civil da Internet bill was established in 2011 to develop a better framework - similar to the European Union’s model - that would enhance protection of privacy and data security. Nonetheless, the bill was placed on standby and didn’t receive “constitutional urgency” until after the 2013 global surveillance disclosures. Consequently, the bill acquired additional, controversial measures, and President Rousseff proposed a four-point plan to develop greater Internet independence and counteract any form of secret surveillance.
This thesis discusses in depth the development of privacy and data protection laws in Brazil, prior to and after the 2013 global surveillance disclosures. It analyzes the effectiveness and application of these laws previously and explores the hypothetical outcome and implications of President Rousseff’s proposed Internet development plans, including the new and improved Marco Civil da Internet bill. Furthermore, the thesis examines the true socio-political incentives for the Brazilian government to initiate such proposals. Once the pros and cons of the prospective legislation and propositions are taken into consideration, this thesis argues for the most plausible solution to better secure the right to privacy and data protection, maintain peaceful U.S. and Brazil relations, and ensure freedom to access of information on the Internet.