[vc_row] [vc_column] [vc_column_text]“The Report of Recommendations for the Current Brazilian Framework” delves deeper into the debates surrounding the challenges of applying a data protection regime to political and electoral campaigns.
Political campaigns have adopted new marketing tools and techniques, and personal data has become a valuable asset for personalizing and customizing political communication between candidates and voters based on their preferences, habits, and opinions.
To ensure that the processing of personal data by political campaigns does not violate fundamental rights and occurs within the limits of democratic values, contributing to communication between candidates and voters, a data protection regime attentive to the specificities of the electoral process is essential. However, there are still gaps in the protection of privacy and personal data of Brazilian voters, insofar as electoral regulation presents structural, conceptual, and operational limitations in the face of a new scenario of digital political marketing tools.
Given this context, the Study Group on Data Protection and Elections Since 2020, the group has been organizing and building a debate on the protection of personal data in the electoral context. This year, the group formed by CEDIS/IDP, InternetLab, Data Privacy Brasil, Instituto Liberdade Digital, and independent researchers sought to deepen the debates and map the gaps and challenges of applying a data protection regime to political-electoral campaigns, with the aim of reflecting on possible interpretative and regulatory paths.
O "Report of Recommendations for the current Brazilian situation" is the product of these discussions. Launched last Monday (26), at the Personal Data Protection and Elections Seminar, the document identified points of attention for the 2022 electoral process and proposed possible paths for this year's electoral reformin order to ensure regulation and application of the law that is attentive to the specificities of the democratic process.
From the recommendations
The report presents eight recommendations regarding the Brazilian legal and institutional framework for the protection of personal data and the electoral process. These are:
1. Competence. The authority to regulate, oversee, and enforce the General Data Protection Law (Law No. 13.709/2018) regarding data processing activities carried out by candidates and political parties lies with the Electoral Court, after consultation with the National Data Protection Authority.
2. Cooperation. Establishment of instances of institutional cooperation between the Electoral Court and the National Data Protection Authority.
Personal.
3. Legal basis. Development and implementation of interpretative guidelines on the application of the legal bases of the LGPD (Brazilian General Data Protection Law) in the electoral context.
4. Rights of the data subject. The need for regulation of data subject rights specifically for the activities of candidates and political parties.
5. Transparency. Applying the principle of transparency in the electoral field.
6. Accountability. Establish a system for accountability regarding data processing activities in election campaigns.
7. Data governance program. The requirement for political parties and candidates to submit a data governance program.
8. Supervisor. Establish the requirement for parties and candidates to appoint a representative, whose remuneration, however, should not be...
Subject to spending limits.
Source: InternetLab.org[/vc_column_text][/vc_column][/vc_row]
