AAAI Publications, 2010 AAAI Spring Symposium Series

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Privacy and International Compliance: When Differences Become an Issue
Dennys Marcelo Antonialli

Last modified: 2010-03-23

Abstract


This paper introduces key issues to the balance between data collection policies and privacy protection initiatives in an internationally unstructured legal framework. The right to privacy has been addressed and construed differently among jurisdictions, which leads to uncertainties regarding the cross-boarding data collection operations that often occur in the cyberspace. This paper focuses on the jurisprudence of the Brazilian Supreme Court, demonstrating (i) that the traditional approach given to privacy in Brazil is not accurate enough to deal with the new threats which arise in the cyberspace; (ii) that the concept of privacy should be redefined when applied to the cyberspace and; (iii) that differences among national privacy legislations challenge international compliance with regard to the right to privacy.

Keywords


privacy; cyberspace; internet; law

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