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Privacy and Brazilian Law

By Esther Miriam Flesch and Camila Von Ancken
August 16, 2006

The need for laws written expressly to protect the privacy of personal consumer data is a growing global phenomenon. It began primarily in more technologically advanced countries, where communication between individuals or companies via electronic means has overtaken more traditional means of communication. In addition, countries that place a high level of importance on democratic values also tend to prioritize protection of privacy, given that individual human rights and individual freedoms are typically important values in such societies. A third relevant factor related to a country's focus on protecting privacy is the level of participation a country's citizens have in the market. A country in which its citizens participate actively in the market has a greater need for the collection, storage, sorting, sharing, and other manipulation of consumer data. Therefore, such countries become a target for individuals or organizations wishing to economically tap such information.

The need for privacy protection arises from the tension created by third parties' desires to use individuals' personal data, usually for profit purposes, and an individual's right to have his or her personal data protected from being exploited.

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