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Cookies are small files left by the accessed web site on the user's computer. Cookies can memorize
the machine's identification and the user's passwords, or help to personalize the banners of the
accessed web site according to the user's interests. Most browsers are capable of identifying the
existence of cookies in the visited web site. Users may prohibit the inclusion of cookies by changing
the browser settings.
Most sites include pop-up windows requesting consent to insert cookies onto the user's computer,
usually to memorize the user's password. In comparison, cookies that are used to trace the sites the
user has accessed or used for purposes other than those agreed to, are more likely to violate the
user's privacy rights.
Although there is no criminal legislation in Brazil that deals specifically with the violation of privacy, a
civil action may be brought seeking damages. Congress is also analyzing a number of bílis that
relate to data protection (eg, the Electronic Crimes BiII, the Habeas Data Bill and the Electronic
Commerce 8ill), most of which incorporate concepts contained in the European Union's Data
Protection Directive. For example, the bills adopt the following positions:
• Legal protection is necessary only for data that may identify the company or person in
question - protection for anonymous data is not considered necessary;
• Consent of the data subject must be obtained before data is collected; and
• The use of data must be strictly in accordance with the purpose for which the data was
collected.
Presidential Decree 3,505, passed in June 2000, creates a ministerial committee that will investigate
the protection of publically owned data.
Erica Aoki, Moreira Lima, Roysfer & Ohno, Sao Paulo
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Globe Business Publishing Ud