Although we already have statements regarding the subject of personal data prote

ction in the Law n. 12,965/2014 ("Marco Civil), the Bill n. 5276/2016 serves as
a complement, considering that the bill defines more clearly the scope of applic
ation and interpretative criteria necessary for application of concepts and prin
ciples required to effectively protect personal data. In presenting the matter i
n a more detailed version, the bill brings the opportunity to deliver more legal
certainty for citizens, for business activities, for public administration and
for all the entities participating in relationships that involve data processing
.
In this regard, the proposed law compromises to take care of important items, su
ch as: (i) to observe an entire data processing chain, including the eventual ci
vil liability of every agent that participates in this process; (ii) the rights
of citizens related to access, rectifying, correction and opposition to the subj
ect of processing personal data; (iii) the regulation of data processing when re
lated to circumstances involving citizens and public authorities; and (iv) regul
ation of situations involving international transfer of personal data. The proje
ct also provides a chapter for good practices, and additionaly, the prevision of
creating a supervisory entity for the effective implementation of public polici
es related to personal data protection.
In this perspective, the bill also removes shortcomings observed in Law n. 12,96
5/2014, by complementing excerpts presented by Law n. 12,965 / 2014, such as: "A
rt.3 The discipline of internet use in Brazil has the following principles: III
- protection of personal data, as provided by law;". The mentioned law does not
exist, and this gap can be filled with the conversion of the bill 5276/2016 to a
Law.
By analysing the presented arguments, it is inferred that the bill aims to compl
ete topics that were introduced by Law n. 12,965/2014 ("Marco Civil), whose comp
letion is necessary in order to enable an increased compliance related to the pe
rsonal data protection subject, given the complexity of situations involving thi
s matter.