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Preliminary decision that suspends Provisional Measure regarding the sharing of personal data with IBGE is confirmed by the Brazilian Federal Supreme Court 

On May 2020, the Federal Supreme Court (STF) maintained a preliminary decision that suspended the effectiveness of Provisional Measure 954/2020 (MP 954), which authorized the transfer of personal data from consumers of telephone operators to the Brazilian Institute of Geography and Statistics (IBGE). In a decision endorsed by the majority of the ministers, the reporter judge of the case understood that MP 954 would be generic when it comes to its purposes, as well as in relation to the use of the information obtained.

Although IBGE plays an important role in the Brazilian society, it was pointed out that the text of the Measure did not demonstrated the public interest involved or its adequacy, necessity and proportionality. Likewise, MP 954 would lack elements to support the sharing of data to the expected extent or to ensure the protection of such information.

STF’s decision was considered of great importance in the current Brazilian scenario, given that it expressly recognizes data protection as a fundamental constitutional right. According to the Court’s understanding, the Provisional Measure could damage citizens’ privacy, especially in a context in which the General Data Protection Law (LGPD) would not yet be in force.