Criminalize PL data leak charges in Senate

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A new bill that is pending in the Senate aims to penalize reports of data leaks released by journalists and digital security companies. The bill number 615/2021 was presented in February by Senator Daniella Ribeiro (PP-PB), with the objective of framing the purchase and sale of data leaked in the crime of interception, whose penalty is 2 to 4 years of imprisonment. However, due to its broad wording, the proposal includes other matters.

Initially, the senator proposes an extension to Law 9296/1996, which criminalizes telephone, computer or telematics interceptions carried out without judicial authorization. If your idea is accepted, the original legislation will include in the penalty judicial authority that determines undue interception “as well as whoever acquires, offers, negotiates, trades or, in any way, participates in the disclosure or dissemination, with a view to profit” of the data obtained from illegal way.

PL can prevent reports of leaks

In justifying the bill, the senator states that the objective is to punish those who negotiate data obtained illegally in the clandestine market. However, the proposal may create some obstacles in the fight against crime, if it is approved.

By classifying the disclosure of leaks as a crime, the legislation could be used to censor the actions of press vehicles and digital security companies in complaints. By decreasing complaints, the chances of companies responsible for the leaks escaping the consequences of the LGPD are expected to increase significantly.

Cases like the data leakage of 220 million Brazilians, reported in January by TecMundo, could not be made public if the proposed law was in effect. This is because, from the perspective of the new bill, the information published by the press and security companies would have the “profit motive” and, therefore, could be framed within an alleged criminal practice.

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