Citizens' right to privacy in data protection during criminal investigations in Brazil

Resumo

Law enforcement authorities focus on preventing crimes and conducting effective criminal investigations. In doing so, they collect information and data that might be relevant for a specific case. On the other hand, fundamental rights to privacy and data protection require minimum standards and safeguards for individuals. During criminal procedures, everyone must enjoy full respect for their privacy and data protection. Given the specific nature of the work and mandate of law enforcement authorities and formal criminal procedures, this study aims to analyse the current legal framework in Brazil that sets the legal basis for law enforcement authorities to collect and process personal data to detect, prevent, and investigate criminal offences and analyse whether this framework provides adequate and efficient safeguards to individuals. Our findings suggest that, although Brazil has no legal vacuum, it needs to adopt new legislation to regulate data protection issues during criminal investigations and proceedings. Practice shows that, if properly designed, this new legislation will avoid endangering the ability of law enforcement authorities to execute their powers in crime prevention and investigation.