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Abstract(s)
Since the European Union has enacted the Regulation No. 679/2016, the GDPR, the
debate over data protection have been acquiring enormous relevance and is currently on the
global agenda from east to west. The compilation of individuals’ information is far from being
new and it has been practiced for some decades, even for-profit purposes. The GDPR is not the
first law framework committed to look after data protection either. Yet it seems that only in the
last five years the debate reached other states than the ones hosting the giant tech companies’
headquarters, like US and a few European countries, and a new era has been emerging for
personal data protection. Besides, the discussion nowadays developed beyond the privacy and
transparency debate, being rather focused on deeper issues, such as the maintenance flow of
innovation and the not so hard to imagine ending of the liberal democracy at least as we know
it today. To deal with this new panorama, many governments are creating or amending their
country regulations. Among the ten wealthiest economies worldwide, only China have not
published a binding data protection draft bill, at the same time as Brazil is the last country to
regulate data protection by means of a single comprehensive. Supposed to be enacted alongside
with the Brazilian Civil Framework of the Internet in 2014, Brazil postponed its General Data
Protection Act up till August 14th, 2018, when Law No. 13.709/2018 was finally approved. This
new law, which will come into effect on August 2020, already represents a radical change in
the way such matter is treated in Brazil, yet, on a first glance, it seems it does not innovate much
and gives a sign of consolidation of what has been considered the global privacy protection
standards. The purpose of this paper is to verify whether and to what degree the Brazilian
General Data Protection Act follows the matrix of the main lawmakers worldwide, those who
have influence power, namely, the GDPR, current considered the most relevant personal data
protection law in force, and the US correlated law. This analysis will be conducted through a
closer look to the main concepts and values that permeate the most relevant discussions and by
performing comparison between the main aspects considered in both the EU and US approach,
to finally dwell on the most important points of the Brazilian law.
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Keywords
Data privacy Transnational data protection GDPR LGPD