Citizen’s Right to Privacy in Data Protection During the Criminal Investigation in Brazil

Abstract

Law enforcement authorities are focused on preventing crimes and conducting effective criminal investigations. In doing so, they collect information and data that might be relevant for the specific case. On the other side, the fundamental rights to privacy and data protection require minimum standards and safeguards for individuals. During the criminal procedure, everyone must enjoy full respect for their privacy and data protection.

Given the specific nature of the work and mandate of the law enforcement authorities and the formal criminal procedure, this paper aims to analyse the current legal framework in Brazil that sets the legal basis for law enforcement authorities to collect and process personal data for the purposes of detection, prevention and investigation, and analyse whether this framework provides adequate and efficient safeguards to the individuals. Findings suggest that although there is no legal vacuum in Brazil, adopting new legislation to regulate data protection issues during criminal investigations and proceedings is necessary. Practice shows that, if properly designed, this new legislation will not endanger the ability of law enforcement authorities to execute their powers in crime prevention and investigation.