The dichotomy between smart metering and the protection of consumer's personal data in Brazilian law

Abstract

This paper investigates the intersection between the goal of energy efficiency, by means of smart meters, and the protection of power consumers' personal data. Since energy data are collected and processed by distribution utilities, there is an urgent need to verify in what measure the right to privacy is (still) fulfilled in that matter. By analyzing and evaluating ANEEL's Normative Resolution no 502/2012 on electronic meters, the Draft Bill no 3337/2012 and Senate Bill no 84/2012 on smart grids, and the Draft Bills no 4060/2012 and no 5276/2016 on personal data protection, this paper expects to lay some introductory thoughts on a still undeveloped matter, that tends to grow in importance, as the smart meter technology spreads. The paper observes that the Brazilian legal framework still lacks a detailed regulation regarding the protection of personal data. On the other hand, ANEEL's Normative Resolution is too general and leaves to interpretation important questions related to the legal treatment of energy data. Analyzing recent legal developments, the paper further concludes that, while two Draft Bills are regarded as insufficient to address the matter highlighted in this paper, one Draft Bill on personal data's protection might fill the regulatory gap. Special attention should be drawn towards the assumption of energy data as personal data and towards the relation between the efficiency of smart metering systems and the right to privacy, since the smartness of the meters depends on the amount of data collected and processed.