ICN Law – Updates (May 2017)

On May 11th 2017 the National Civil Identity Law (Law no. 13.444/2017) was signed by President Michel Temer. We at Privacidade Brasil released today an  addendum to our technical paper on the Draft Bill no. 19/2017 which originated the National Civil Identity Law.

In this addendum we discuss the changes made by the  Federal Senate and the articles vetoed by the President. Also, we present an updated list of Draft Bills related to identity policies that are currently being discussed in Brazilian  National Congress. Below are the vetos:

1.Article 4º,§1º of the Draft Bill had stated financial penalties and detention as sanctions for the commercialization of the ICN database. President Temer justified this veto by saying that this conduct is already typified by the Brazilian Criminal Law – without specifying what Law or article he was referring to. We understand that the article 325, §1º of the Brazilian Criminal Code defines sanctions for the commercialization of public databases by public servers. However, being as specific as it is, it does not comprehend the complexity of the ICN administration nor makes up for the inexistence of a Brazilian general data protection law.

2.The President also vetoed article 8º, § 2º of the Draft Bill, which prescribed the gratuity of the first issuance of the document. This veto goes against the Brazilian legal system – article 5º, LXXVI of the Brazilian Constitution, which guarantees a free civil registration for the poor. Legal identity is essential to access many rights set by the Brazilian Constitution such as access to education and health care. Therefore, for those who cannot afford an identity document widely used throughout Brazilian administration, the exercise of citizenship would be compromised – and inequalities in the country will be aggravated.

3.Finally, President Temer vetoed article 8º, § 5º which stated that Casa da Moeda, a state-owned enterprise, would be responsible for the document’s issuance. According to the Brazilian Law, bid is an administrative procedure for choosing the best proposal among those outlined by stakeholders wishing to contract with Public Administration. In this sense, the veto would contribute to the isonomic competition for the document printing. Also, in recent years the criteria for choosing the best proposal have changed, allowing evaluations on social, cultural and environmental features, in opposed to essentially economic ones. This new rationality of the Brazilian bids regime allows evaluations on quality y mechanisms, such as privacy by design criteria, in choosing the best proposal.

 

Acess the document here (in portuguese).