Rumo à consolidação da proteção de dados pessoais no Brasil

País segue caminho da UE para minimizar risco de infrações contra liberdades e direitos na Internet

Mais dados serão criados em 2018 do que nos últimos 200 mil anos. A cada minuto, são 47 mil corridas de Uber, 456 mil tuítes e 3,6 milhões de buscas no Google. Esse enorme volume de informação tem se tornado o combustível da nossa sociedade.

Usuários compartilham seus dados pessoais sem conhecimento das práticas e formas com que são manipulados e reorganizados por terceiros. Quando usuários perdem o domínio sobre seus dados, existe um risco concreto de infrações contra liberdades e direitos.

Buscando avançar e fortalecer as regras relacionadas a proteção de dados, a União Europeia (UE) aprovou, em 2016, o Regulamento Geral de Proteção de Dados (GDPR), que elenca uma série de direitos sobre como dados pessoais de cidadãos podem ser usados, armazenados e processados. No mesmo dia que a GDPR entrou em vigor (25/05), Google e Facebook foram indiciados por violações contra a privacidadeque poderiam acarretar multas de até 9,3 bilhões de dólares.

O que torna a nova Regulação tão notória é o fato de se aplicar a todas as empresas que tratam dados pessoais de cidadãos da UE, independentemente de sua localização. A GDPR prescreve novos mecanismos para responsabilização do uso e tratamento de dados. O que inclui o direito ao esquecimentoo acesso aos seus dados, e o direito à portabilidade. Embora algumas empresas e governos não estejam contentes com os custos para a implementação da nova Regulação, poucos questionam o fato de que ela estabelece um novo precedente internacional para a proteção de dados.

A boa noticia é, menos de uma semana depois da Regulação entrar em vigor, o Brasil aprovou sua primeira Lei de Proteção de Dados Pessoais na Câmara dos Deputados (PL4060/2012). Aliadas a GDPR, escândalos como o de espionagem industrial dos EUA, em 2013, e o mais recente, envolvendo a empresa Cambridge Analytica, contribuíram para a criação de um contexto no qual proteção de dados ganhasse atenção na agenda nacional.

O até então vagaroso desenvolvimento no país, remete ao atual panorama de turbulência política, incerteza econômica e crise na segurança pública. Tal cenário resultou, em grande medida em um fragmentado conjunto de normas associadas a proteção de dados.

Isso inclui o Marco Civil, o qual define termos como “proteção de dados” e “tratamento” e o Código de Defesa do Consumidor. Ambos elencam princípios centrais para a consolidação da proteção de dados pessoais no país. No entanto, carecem de orientações “específicas” para o estabelecimento de um arcabouço regulatório.

Diante da falta de coesão e coerência duas propostas pautaram o fervoroso debate sobre o tema nos últimos meses. A primeira é a PL 5276/2016, apensada ao PL4060/2012. Elaborada com base em aproximadamente 2,000 contribuições do setor empresarial, academia, sociedade civil e cidadãos. O projeto estabelece disposições concretas para a proteção à privacidade, restrições para discriminação baseada em profiling e estabelece um corpus regulatório para a proteção de dados pessoais. A segunda, PLS 330/2013, inclui provisões para o armazenamento e processamento de dados e maior transparência com relação ao funcionamento de algoritmos. A proposta foi altamente criticada por ter sido recentemente modificada a portas fechadas e sua votação foi adiada.

Tal como a GDPR, a Lei aprovada na Câmara representa um passo importante e necessário para o país. A lei (PL4060/2012) sendo aprovada no Senado nos próximos dias, também irá promover novos mecanismos institucionais tais como uma Autoridade Nacional de Proteção de Dados vinculada ao Min. da Justiça e um Conselho Nacional para a Proteção de Dados Pessoais. Os próximos passos requerem atenção para que a ANPD seja independente.

Leis abrangentes como a GDPR têm impactos que transcendem as fronteiras da UE. Esta claramente marcou o contexto para a aprovação da Lei de Proteção de Dados no Brasil. Em uma sociedade cada vez mais movida a dados, a proteção de dados pessoais deve ser considerada prioridade para a construção de um futuro sustentável que promova inovação aliadas a proteção de dados pessoais.

*Robert Muggah, especialista em segurança e desenvolvimento, é um dos fundadores do Instituto Igarapé

*Louise Marie Hurel, pesquisadora de segurança cibernética e governança da Internet, é coordenadora de projetos do Instituto Igarapé

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  113. Between me and my husband we’ve owned more MP3 players over the years than I can count, including Sansas, iRivers, iPods (classic & touch), the Ibiza Rhapsody, etc. But, the last few years I’ve settled down to one line of players. Why? Because I was happy to discover how well-designed and fun to use the underappreciated (and widely mocked) Zunes are.

  114. Between me and my husband we’ve owned more MP3 players over the years than I can count, including Sansas, iRivers, iPods (classic & touch), the Ibiza Rhapsody, etc. But, the last few years I’ve settled down to one line of players. Why? Because I was happy to discover how well-designed and fun to use the underappreciated (and widely mocked) Zunes are.

  115. Hands down, Apple’s app store wins by a mile. It’s a huge selection of all sorts of apps vs a rather sad selection of a handful for Zune. Microsoft has plans, especially in the realm of games, but I’m not sure I’d want to bet on the future if this aspect is important to you. The iPod is a much better choice in that case.

  116. The new Zune browser is surprisingly good, but not as good as the iPod’s. It works well, but isn’t as fast as Safari, and has a clunkier interface. If you occasionally plan on using the web browser that’s not an issue, but if you’re planning to browse the web alot from your PMP then the iPod’s larger screen and better browser may be important.

  117. I’ll gear this review to 2 types of people: current Zune owners who are considering an upgrade, and people trying to decide between a Zune and an iPod. (There are other players worth considering out there, like the Sony Walkman X, but I hope this gives you enough info to make an informed decision of the Zune vs players other than the iPod line as well.)

  118. Between me and my husband we’ve owned more MP3 players over the years than I can count, including Sansas, iRivers, iPods (classic & touch), the Ibiza Rhapsody, etc. But, the last few years I’ve settled down to one line of players. Why? Because I was happy to discover how well-designed and fun to use the underappreciated (and widely mocked) Zunes are.

  119. Apple now has Rhapsody as an app, which is a great start, but it is currently hampered by the inability to store locally on your iPod, and has a dismal 64kbps bit rate. If this changes, then it will somewhat negate this advantage for the Zune, but the 10 songs per month will still be a big plus in Zune Pass’ favor.

  120. This is getting a bit more subjective, but I much prefer the Zune Marketplace. The interface is colorful, has more flair, and some cool features like ‘Mixview’ that let you quickly see related albums, songs, or other users related to what you’re listening to. Clicking on one of those will center on that item, and another set of “neighbors” will come into view, allowing you to navigate around exploring by similar artists, songs, or users. Speaking of users, the Zune “Social” is also great fun, letting you find others with shared tastes and becoming friends with them. You then can listen to a playlist created based on an amalgamation of what all your friends are listening to, which is also enjoyable. Those concerned with privacy will be relieved to know you can prevent the public from seeing your personal listening habits if you so choose.

  121. Apple now has Rhapsody as an app, which is a great start, but it is currently hampered by the inability to store locally on your iPod, and has a dismal 64kbps bit rate. If this changes, then it will somewhat negate this advantage for the Zune, but the 10 songs per month will still be a big plus in Zune Pass’ favor.

  122. This is getting a bit more subjective, but I much prefer the Zune Marketplace. The interface is colorful, has more flair, and some cool features like ‘Mixview’ that let you quickly see related albums, songs, or other users related to what you’re listening to. Clicking on one of those will center on that item, and another set of “neighbors” will come into view, allowing you to navigate around exploring by similar artists, songs, or users. Speaking of users, the Zune “Social” is also great fun, letting you find others with shared tastes and becoming friends with them. You then can listen to a playlist created based on an amalgamation of what all your friends are listening to, which is also enjoyable. Those concerned with privacy will be relieved to know you can prevent the public from seeing your personal listening habits if you so choose.

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