The Federal Supreme Court (STF) decided that Brazilian authorities can request data directly from internet providers abroad with headquarters or representation in Brazil.
Unanimously, the ministers understood that the direct request of data to companies is provided for in the Civil Rights Framework for the Internet, without the need to follow an agreement signed between Brazil and the United States.
The plenary analyzed this Thursday (23) a lawsuit filed by the Federation of Associations of Information Technology Companies (Assespro Nacional), which asked for the declaration of validity of the Agreement on Legal Assistance in Criminal Matters (MLAT). The agreement deals with obtaining private data under the custody of internet providers based outside Brazil and used in ongoing criminal investigations in the country about people who are in the United States.
Minister Gilmar Mendes, rapporteur for the process, had already voted for the validity of the agreement and provisions of the legislation dealing with international legal cooperation. For him, it is constitutional for the authorities to request access to information directly from foreign companies.
The other ministers accompanied the rapporteur.
