The Chamber of Deputies is currently reviewing Bill 2867/23, which seeks to prevent mobile applications from gathering data using the microphone or camera when calls end or the device is inactive. The bill, introduced by Mr. Fábio Teruel (MDB-SP), aims to enhance user privacy.
The Internet Civil Framework currently mandates that users must give explicit consent for the gathering, utilization, storage, and handling of personal information. The new proposal emphasizes that this consent should only apply during the regular usage of the application, stopping data collection once the calls end or when the device is inactive.
Punishment
Non-compliance with this rule will result in penalties outlined in the Consumer Protection Code, such as fines and suspension of product or service supply. Additionally, the amendment to the Penal Code criminalizes unauthorized data collection, use, or storage with a penalty of imprisonment and fine.
The project will undergo a final review by the Communications Committees and the Constitution and Justice and Citizenship Committees. It must also receive approval from the Federal Senate to become law.