We entrust our most sensitive, private, and personal information to the companies which provide us access to the Internet. Collectively, these companies are privy to the online conversations, behavior, and even the location of almost every Internet user. As this reality increasingly penetrates the Brazilian public consciousness, Brazilian Internet users are justifiably concerned about which companies are willing to take a stand for their privacy and protection of personal data. That is why InternetLab, one of the leading independent research centers on Internet policy in Brazil, has evaluated key Brazilian telecommunications companies’ policies to assess their commitment to user privacy when the government comes calling for their users' personal data.

Their report, “Quem defende seus dados?" ("Who Defends Your Data?"), seeks to create a “race to the top” by encouraging companies to compete for users on the basis of their willingness to stand up for their users’ privacy and data protection whenever possible. Launched today in São Paulo, Brazil, “Quem defende seus dados? is modeled after EFF's US project "Who Has Your Back," created in collaboration with our team. InternetLab has developed its own Brazilian methodology to address the social and legal realities in Brazil. The report promotes transparency and best practices in the field of privacy and data protection, empowering Internet users by educating them about their consumer choices.

“Quem defende seus dados?" assessed the practices and public commitments of the eight largest Brazilian telecommunication and mobile Internet companies: Claro, Net, Oi-Banda Larga Fixa, Oi móvel, TIM, Vivo-Banda Larga Fixa, Vivo Móvel, GVT. InternetLab selected companies that, according to data released by the Brazilian National Telecommunications Agency, each held at least 10% of all Internet access in Brazil—either by fixed broadband or mobile infrastructure. This threshold ensured that the report covered over 90% of mobile and broadband Internet connections in Brazil.

The Methodology

“Quem defende seus dados?" is designed to incentivize companies to adopt best practices by awarding stars for compliance with specific user privacy criteria. InternetLab prepared the evaluation categories and parameters based on the following:

public commitment to compliance with the law;

adoption of pro-user practices and policies, and

transparency about practices and policies.

Each company was evaluated using six categories:

Information about data processing: Does the ISP provide clear and complete information about data protection practices?

Information about data disclosure to government authorities: Does the ISP commit to disclosing account information only to competent administrative authorities? Does it commit to provide connection logs only upon a court order?

Defense of users’ privacy in the courts: Has the ISP judicially challenged abusive data requests or legislation that it considers harmful to user privacy?

Pro-user privacy public engagement: Has the ISP engaged in public debates about bills and public policies that may affect user privacy and defended projects that aim to advance privacy?

Transparency reports about data requests: Does the company publish transparency reports containing the quantity of government user data requests and the frequency of company compliance with these requests?

BONUS CATEGORY - User notification: Does the company notify the user about data requests by the government? You can read the full explanation of each category on InternetLab's site: http://quemdefendeseusdados.org.br/ The companies were given the opportunity to answer a questionnaire, to take part in a private interview, and to send any additional information they felt appropriate, all of which was incorporated into the final report. This approach is based on EFF’s earlier work with "Who Has Your Back?" in the US, although the specific questions in InternetLab’s study were adapted to match Brazil’s legal environment.