Signed on May 11, 2016, Decree No. 8.771 came to regulate Law No. 12.965 / 2014 (Brazilian Internet Act).
This decree it’s about:
- Discrimination of data packets on the Internet and traffic degradation.
- Records and data protection by connecting providers and applications.
- Transparency in request registration information by the public administration.
- Inspection and investigation of offenses.
The breakdown of data packets on the Internet and degradation are set out in Chapter II (Art. 3 to Art. 10) which deals with the network neutrality provided for in art. 9 of the Brazilian Internet Act.
In this chapter, art. 3, requires the equal treatment of data packets and should be guaranteed the preservation of the public and unrestricted nature of the internet and the fundamentals, principles and objectives of Internet use in the country, complementing the legal provisions of that art. 9 of the Brazilian Internet Act, which provides that the responsible for the transmission, switching or routing has the duty to treat isonomic form any data packets without distinction by content, origin and destination, service, terminal or application.
About discrimination or degradation of traffic, these are exceptional measures which should only occur through technical requirements necessary for the proper provision of services and applications.
The decree also provides for the prohibition of unilateral conduct or agreements between responsible for the transmission, switching, and routing with application providers.
This measure aims to curb not equal treatment provided for in network neutrality, forbidding agreements that compromise the public and unrestricted nature of the internet, prioritize data packets due to commercial arrangements and prioritize applications offered by the transmission companies, switching or routing.
The guard and data protection are provided for in Chapter III (Art. 11 to Art. 16).
It defines what are considered cadastral data and of its request by the administrative authorities, which must be specific and not generic, a fact that differs from the provisions of art. 10, § 3 of the Brazilian Internet Act, behold, there was no impediment to access such registration data.
The novelty is brought about annual publication made by the websites, the head of each agency of the federal government that will bring statistical reports of registration data request.
New security standards and confidentiality of records, personal data, and private communications, are listed to the connection and applications providers must retain the smallest possible amount of such data and communications are among the listed items, create management solutions records to ensure the inviolability of the data.
Finally, the monitoring and investigation of offenses are set out in Chapter IV (Art. 17 to Art. 22), which determines that Anatel will be the regulatory body for monitoring issues and finding violations and the National Secretariat of consumers will act on inspection and find violations.
* This review was prepared for the purpose of enriching the debate and should not be construed as a legal opinion on any specific transaction or business.
Written by Fabio Cosentino
