In the wake of recent operations against illegal monitoring by Abin (Brazilian Intelligence Agency), minister Cristiano Zanin, of the STF (Supreme Federal Court), gave a deadline of ten days for the National Congress to provide information on the regulation of the use of tools secret monitoring (spy software) of personal communication devices, such as cell phones and tablets, by public bodies and agents.
The minister sent the case to be analyzed directly by the Legislative plenary. The request for information is a standard measure and was motivated after an action presented by the PGR (Attorney General’s Office).
According to the action, despite advances in legislation to protect intimacy, private life and the inviolability of the confidentiality of personal communications, such as the Marco Civil da Internet and the General Law for the Protection of Personal Data (LGPD), there is still no a regulation on remote virtual infiltration programs.
“This is because, based on the most recent technological advances, there has been a global proliferation of virtual intrusion tools, used within the scope of intelligence services and state repression bodies, for the remote, secret and invasive surveillance of mobile digital communication devices , under the pretext of combating terrorism and organized crime”, says the PGR.
The Prosecutor’s Office asks the STF to set a reasonable deadline for the National Congress to issue a rule to regulate the topic. “The central point of the controversy is that this action is limited to the secret and abusive use of these software and tools, without judicial authorization, nor limits or safeguards, in a manner contrary to the protection of the public interest and the duties of protecting fundamental rights, which are imposed in a rule of law.”