Privacy & Cybersecurity Update Issue 3 | October 2014 - Latin America

Brazil

Brazilian House of Representatives Considers Bill of Law Criminalizing Fake User Profiles on Internet On July 2, a bill of law (source document in Portuguese) proposing the criminalization of fake user profiles on the internet was introduced to the Brazilian House of Representatives. The Bill proposes to amend article 307 of the Criminal Code (source document in Portuguese), criminalizing the use of a fake profile on the world wide web. If approved, the law will be applied to those who attribute to themselves or to a third party a fake identity, including through the internet or any other electronic platform, with the intent of harming, intimidating, threatening, obtaining an advantage over, or damaging a third party to the agent's benefit or the benefit of a third party. Brazilian Court Rules Anonymous Apps Unconstitutional On August 18, a Brazilian civil court in Vitória, Espirito Santo, granted a preliminary injunction (source document in Portuguese) to a public prosecutor, prohibiting certain companies from distributing an anonymous sharing app and Microsoft from distributing the Windows Phone client, Cryptic. Chapter Five, Article 1 of the Brazilian Constitution specifies that "the expression of thought is free, anonymity being forbidden" and provided the legal justification upon which the Brazilian judge rested his decision. Brazilian Arbitration Chamber Specializing in Information Technology and e-Commerce Initiates Activities Created in 2013, the Brazilian Chamber of Mediation and Arbitration of Internet Technology, E-Commerce, and Communication recently started its activities, acting as an arbitrage court composed of specialists in laws applicable to information technology. The Chamber mediates conflicts and legal discussions. It is independent and is focused on the solution of conflicts involving electronic frauds, violations of privacy, and virtual bids, among other matters.

Chile

Chilean Senate Approves Constitutional Amendment Project On September 9, the Senate of the Republic of Chile approved in general (source document in Spanish) a proposed constitutional amendment that seeks to...

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