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

Jordanoski, Zoran, (2022). Citizens' right to privacy in data protection during criminal investigations in Brazil. Revista do Ministério Público do Distrito Federal e Territórios, 12 43-84

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  • Sub-type Journal article
    Author Jordanoski, Zoran
    Title Citizens' right to privacy in data protection during criminal investigations in Brazil
    Appearing in Revista do Ministério Público do Distrito Federal e Territórios
    Volume 12
    Publication Date 2022-12
    Place of Publication Brasília
    Publisher Ministério Público do Distrito Federal e Territórios
    Start page 43
    End page 84
    Language eng
    Abstract 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 manda-te 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 safe-guards to individuals. Our findings suggest that, although Brazil has no legal vacuum, it needs to adopt new legislation to regulate data pro-tection issues during criminal investigations and proceedings. Practice shows that, if properly designed, this new legislation will avoid en-dangering the ability of law enforcement authorities to execute their powers in crime prevention and investigation.
    UNBIS Thesaurus LAW ENFORCEMENT
    CRIMINAL INVESTIGATION
    CRIME PREVENTION
    DATA PROTECTION
    Copyright Holder The Author
    Copyright Year 2022
    Copyright type Creative commons
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    Created: Fri, 10 Feb 2023, 00:55:33 JST by Mario Peixoto on behalf of UNU EGOV