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MLex Market Insight

Brazil’s data-protection law taps into global digital economy, as EU struggles with e-privacy bill

MLex Market Insight

MLex Market Insight

News

4.99 Ratings

🗓️ 2 October 2020

⏱️ 18 minutes

🧾️ Download transcript

Summary

Brazil’s new privacy legislation is expected to boost the country’s chances of tapping into the global digital economy, by safeguarding the flow of data across international borders. But uncertainty over the establishment of a regulator has left companies with no guidance on how to comply with the General Law for Data Protection. Also this week, we take a look at the EU’s proposal for new e-privacy rules, which has been caught up in a clash among EU member states. Nonetheless, governments’ determination to combat online child abuse may yet provide the impetus needed to get the draft legislation back on track.

Transcript

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0:00.0

Welcome back to Emlex's podcast covering regulatory affairs. I'm James Panicki. It's great to be with you again this week.

0:18.1

Today we're going to examine how the privacy law sausage gets made from

0:22.7

two very different perspectives. We'll look at Brazil's historic new data protection legislation,

0:28.3

the general law for data protection. We'll discuss how it came to life and the steps still

0:33.5

required to ensure that the new rules are firing on all cylinders. We'll cross to Sao Paulo

0:39.4

in just a few minutes' time. But first up today, we'll review the EU's progress, or arguably

0:45.8

the lack of progress, on a proposed e-privacy law. In what appears to be a strange turn of events,

0:51.8

efforts to screen for images and messages of child abuse

0:56.1

may offer a way around the deadlock, or at the very least a means by which to keep negotiations

1:02.0

going. Matthew Newman is Mlex's chief correspondent covering privacy and data protection from

1:08.5

Brussels, and he joins me now.

1:16.8

Matthew, let's start from the most compelling problem here, online child abuse.

1:20.0

What is the European Commission doing about it?

1:25.5

Well, back in July, the Commission said it wanted to have a new proposal on making sure that the telecommunications companies

1:29.8

would have the ability to keep monitoring, keep scanning for child abuse.

1:36.1

And the reason why this is such an issue is because during the pandemic, people are at home

1:42.6

and there's just the, there's been a surge in images and text

1:47.1

for child abuse. And at the end of this year, it's really crunch time because of a legal

1:54.4

quirk, the online services like WhatsApp or Weber, they will no longer be able to voluntarily scan for these

2:06.7

messages. So they had to put out a new proposal and that's what they did a couple weeks ago.

2:12.3

Well, let's talk about that new proposal. What does it amount to, what does it contain?

2:18.1

So it is an exception. So there's these ongoing talks called e-privacy. And if you think about

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