[vc_row][vc_column][vc_column_text] “Report of Recommendations for the current Brazilian framework” deepens the debates surrounding the challenges of applying a data protection regime to political-electoral campaigns."

Political campaigns have appropriated new marketing tools and techniques and personal data has become a valuable asset for personalizing and customizing political communication between candidates and voters based on their preferences, habits and opinions.

To ensure that the processing of personal data by political-electoral campaigns does not violate fundamental rights and occurs within the limits of democratic values, contributing to communication between candidates and voters, a data protection regime that is attentive to the specificities of the electoral process is essential. However, there are still gaps in the protection of privacy and personal data protection of Brazilian voters as electoral regulation presents structural, conceptual and operational limitations in the face of a new scenario of digital political marketing tools.

Given this context, the Data Protection and Elections Study Group has been articulating and building a debate on the protection of personal data in the electoral context since 2020. This year, the group formed by CEDIS/IDP, InternetLab, Data Privacy Brasil, Instituto Liberdade Digital and independent researchers sought to deepen the debates and map the gaps and challenges of applying a data protection regime to political-electoral campaigns, with the objective of reflecting on possible interpretative and regulatory paths.

The “Report of Recommendations for the current Brazilian framework” is the product of these discussions. Launched last Monday (26), at the Personal Data Protection and Elections Seminar, the document identified points of attention for the 2022 electoral process and proposed possible paths for this year's electoral reform , in order to guarantee regulation and application of the law attentive to the specificities of the democratic process.

Recommendations
The report presents eight recommendations on the Brazilian legal-institutional framework for the protection of personal data and the electoral process. They are:

1. Competence. The competence for regulation, supervision and application of the General Data Protection Law (Law no. 13,709/2018) with regard to processing activities carried out by candidates and parties lies with the Electoral Court, after consulting the National Data Protection Authority.

2. Cooperation. Creation of institutional cooperation bodies between the Electoral Court and the National
Personal Data Protection Authority.

3. Legal bases. Preparation and implementation of interpretative guidelines on the application of the legal bases of the LGPD in the electoral context.

4. Rights of the holder. Need to regulate the rights of the holder specifically for the activities of candidates and parties.

5. Transparency. Application of the principle of transparency in the electoral field.

6. Accountability. Establish a system of accountability for data processing activities in electoral campaigns.

7. Data governance program. Mandatory for political parties and candidates to deliver a data governance program.

8. In charge. Establish the duty for parties and candidates to appoint a person in charge, whose remuneration, however, must not be
subject to the spending limit.

Source: InternetLab.org[/vc_column_text][/vc_column][/vc_row]