Law N° 12.965, of April 23 2014

 Articles 10-11

Original Text

Art. 10

The retention and the making available of connection logs and access to internet applications logs to which this law refers to, as well as, of personal data and of the content of private communications, must comply with the protection of privacy, of the private life, of the honor and of the image of the parties that are directly or indirectly involved.

§1º The provider responsible for the retention of the records as set forth in Art. 10

shall only be obliged to provide them, whether separately or associated with personal data or other information that allows the identification of the user or of the terminal, upon a judicial order, as provided in Section IV of this Chapter, in compliance with what is set forth in Art. 7º.

§2 The content of private communications may only be made available by court order, in the cases and in the manner established by law, and in compliance with items II and III of Art. 7º.

§3º The provision of the caput of Art. 10 does not prevent administrative authorities to have access to recorded data that informs personal qualification, affiliation and address, as provided by law.

§4º The security and confidentiality measures and procedures shall be informed in a clear manner by the responsible for the provision of the services, and meet the standards set in regulation, in compliance with rights of confidentiality of business secrets.

Art. 11 In any operation of collection, storage, retention and treating of personal data or communications data by connection providers and internet applications providers where, at least, one of these acts takes place in the national territory, the Brazilian law must be mandatorily respected, including in regard the rights to privacy, to protection of personal data, and to secrecy of private communications and of logs.

§1º The established in Art. 11 applies to the data collected in the national territory and to the content of the communications in which at least one of the terminals is placed in Brazil.

§2 º The established in Art. 11 applies even if the activities are carried out by a legal entity placed abroad, provided that it offers services to the Brazilian public or at least one member of the same economic group is established in Brazil.

§3º The connection providers and the internet application providers must provide, as set forth by regulation, information that allows verification concerning its compliance with Brazilian legislation regarding the collection, storage, retention and treating of data, as well as, in regard to the respect of privacy and of confidentiality of communications.

§4 º A Decree shall govern the procedures to determine the infringements to what is established in this article.

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