Module 2: Data: Difference between revisions
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=== Brazil === | === Brazil === | ||
= 1. Introduction = | = 1. Introduction = | ||
<p>Brazil is a signatory to the International Covenant on Civil and Political Rights, which grants the right to privacy under Article 17, as well as the American Convention on Human Rights, which assures the right to privacy in Article 11. </p><p>Brazil has a specific International Data Transfer Regulation which was passed on 23 August 2024 (officially Resolution CD/ANPD No. 19 of August 23, 2024). This International Data Transfer Regulation contains procedures for adequacy decisions and template Standard Contractual Clauses (SCCs). Additional mechanisms for cross-border transfers are prescribed in the Regulation, as compared to the General Data Protection Law (LGPD) from 2018. </p><p>Context for this 2024 Regulation is discussion of creating a "sovereign cloud" as part of Brazil's Artificial Intelligence Plan, which aims to ensure government data is stored within national borders, avoiding reliance on foreign infrastructure.</p><div> | <p>Brazil is a signatory to the International Covenant on Civil and Political Rights, which grants the right to privacy under Article 17, as well as the American Convention on Human Rights, which assures the right to privacy in Article 11. </p> | ||
{| style="height: 116px; width: 958px;" width="962" | <p>Brazil has a specific International Data Transfer Regulation which was passed on 23 August 2024 (officially Resolution CD/ANPD No. 19 of August 23, 2024). This International Data Transfer Regulation contains procedures for adequacy decisions and template Standard Contractual Clauses (SCCs). Additional mechanisms for cross-border transfers are prescribed in the Regulation, as compared to the General Data Protection Law (LGPD) from 2018. </p> | ||
|- style="height: 109px;" | <p>Context for this 2024 Regulation is discussion of creating a "sovereign cloud" as part of Brazil's Artificial Intelligence Plan, which aims to ensure government data is stored within national borders, avoiding reliance on foreign infrastructure.</p> | ||
| style="height: 109px; width: 956px;" | <p>Aside: What is Brazil’s AI Plan? </p><p>On August 7, 2024, the Ministry of Science, Technology and Innovations published a proposal for the Brazilian Artificial Intelligence Plan 2024-2028. </p><p>The plan provides for a total of BRL 23 billion (approx. € 3.8 billion) in investments in artificial intelligence (AI) in four years, aiming to promote human-centric, transparent, responsible, and fair AI.</p> | <div> | ||
{| style="height: 116px; width: 958px; margin-left: 25px;" width="962" | |||
|- style="height: 109px; margin-left: 25px;" | |||
| style="height: 109px; width: 956px; margin-left: 25px;" | <p style="margin-left: 25px;" ><span style="text-decoration: underline;" >Aside: What is Brazil’s AI Plan?</span> </p> | |||
<p style="margin-left: 25px;" >On August 7, 2024, the Ministry of Science, Technology and Innovations published a proposal for the Brazilian Artificial Intelligence Plan 2024-2028. </p> | |||
<p style="margin-left: 25px;" >The plan provides for a total of BRL 23 billion (approx. € 3.8 billion) in investments in artificial intelligence (AI) in four years, aiming to promote human-centric, transparent, responsible, and fair AI.</p> | |||
|} | |} | ||
</div> | </div> | ||
<br><p>Before we jump into details of the new cross-border personal data flows regulation, the below first steps through Brazil’s regulatory framework. </p> | <br><p>Before we jump into details of the new cross-border personal data flows regulation, the below first steps through Brazil’s regulatory framework. </p> | ||
= 2. Broader data protection landscape = | |||
<p>We have not identified any laws that regulate cross-border data flows that apply to non-personal data, such as the EU’s Data Governance Act. We focus here on personal data. </p> | |||
== 2.1 Constitutional / fundamental rights model == | |||
<p>Brazil has a federal constitution from 1988 which enshrines the right to privacy in two ways: </p> | |||
=== China === | === China === | ||
=== India === | === India === | ||
=== United States === | === United States === | ||
Revision as of 12:08, 8 October 2024
Cross-border flows of personal data
Cross-border data flows refers to the transferring of personal data between servers across different country borders.
Brazil
1. Introduction
Brazil is a signatory to the International Covenant on Civil and Political Rights, which grants the right to privacy under Article 17, as well as the American Convention on Human Rights, which assures the right to privacy in Article 11.
Brazil has a specific International Data Transfer Regulation which was passed on 23 August 2024 (officially Resolution CD/ANPD No. 19 of August 23, 2024). This International Data Transfer Regulation contains procedures for adequacy decisions and template Standard Contractual Clauses (SCCs). Additional mechanisms for cross-border transfers are prescribed in the Regulation, as compared to the General Data Protection Law (LGPD) from 2018.
Context for this 2024 Regulation is discussion of creating a "sovereign cloud" as part of Brazil's Artificial Intelligence Plan, which aims to ensure government data is stored within national borders, avoiding reliance on foreign infrastructure.
Aside: What is Brazil’s AI Plan? On August 7, 2024, the Ministry of Science, Technology and Innovations published a proposal for the Brazilian Artificial Intelligence Plan 2024-2028. The plan provides for a total of BRL 23 billion (approx. € 3.8 billion) in investments in artificial intelligence (AI) in four years, aiming to promote human-centric, transparent, responsible, and fair AI. |
Before we jump into details of the new cross-border personal data flows regulation, the below first steps through Brazil’s regulatory framework.
2. Broader data protection landscape
We have not identified any laws that regulate cross-border data flows that apply to non-personal data, such as the EU’s Data Governance Act. We focus here on personal data.
2.1 Constitutional / fundamental rights model
Brazil has a federal constitution from 1988 which enshrines the right to privacy in two ways: