Brazil Fake News Bill May Undercut Brazil's Data Protection Gains - Bill to Be Voted on Tomorrow
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On May 13, 2020, Senator Alessandro Vieira presented Bill n. 2630/2020 (“Bill”) to the Brazilian Senate, which the Senate is calling the “Fake News Law.” Officially, this Bill establishes the Brazilian law of “freedom, responsibility and transparency on the internet.” It was introduced in the context of the alleged use of fake news by political parties and other public sector stakeholders in Brazil.

Last Friday, June 19, 2020, an unofficial new version of the Bill was distributed and caught the attention of the Brazilian privacy community. This new version, allegedly drafted by Rapporteur Senator Angelo Coronel (“Rapporteur”), introduces new provisions that LatAm privacy experts deem concerning. Articles 5, 7, 24 and 28 of the new version of the Bill introduce requirements related to data collection, retention and localization.

It is expected that the Rapporteur will officially present the new version of the Bill to the Brazilian Senate today and that the Senate will discuss and possibly vote on it tomorrow. No formal public consultation has been announced for the Bill, but the Rapporteur seems to be accepting comments informally.

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