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To avoid irreparable damage to the privacy and privacy of more than one hundred million users of fixed and mobile telephone services, Minister Rosa Weber, of the Supreme Court, issued a judicial order to suspend the effectiveness of Provisional Measure 954, which deals with data exchange.
The decision was made on Friday night (4/24) in direct unconstitutionality action 6,387 and complies with the OAB request, which on Thursday (23) stated that the Brazilian Institute of Geography and Statistics (IBGE) had begun implementation of the MP.
The measure establishes that telephone companies must make the list of names, telephone numbers and addresses of consumers, individuals or legal entities available to IBGE. The standard is valid for companies that provide Switched Fixed Telephone Service (STFC) and Personal Mobile Service (SMP).
The purpose of sharing would be to support official statistical production during the internationally significant public health emergency resulting from the new coronavirus.
According to the OAB, IBGE began to implement the MP. Minister Rosa’s request was made on Tuesday (21). In the fourth, the municipality published Normative Instruction No. 2/20, which establishes procedures for sharing the names, telephone numbers and addresses of users.
Already on Thursday, it provided telephone and communication operators for the immediate transfer of data, a measure that, according to the OAB, ignores the seven-day period established in the provisional measure.
According to the Order, “the conduct of the IBGE to follow up on the acts of implementation of MP 954/2020 to officiate directly to the fixed and mobile telephone operators does not allow the prior manifestation of this atrocious Supreme Federal Court.”
“In order to avoid irreparable damage to the privacy and confidentiality of the privacy of more than one hundred million users of fixed and mobile telephone services, with a precarious nature typical of superficial judgments and without prejudice to further examination at trial merit, I grant the requested precautionary measure, ad referendum of the Plenary of this Supreme Court “, decided the rapporteur.
Click here to read the decision.
ADI 6,387
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