Every year, Privacy International publishes a kind of index of privacy. The methodology is qualitative and has a strong element of subjectivity based on PI´s campaigning objectives (for example my colleague, Minas Samatas, finds their assessment of Greece as the best country in Europe in this regard, ludicrous). There are also problems with the equivalence of the all the different categories, both in terms of whether all the surveillance identified is even ethically ´bad´ anyway, and in the adding up of categories to conclude that you can lump together the USA, UK, Russia and China. However, it remains a good focus for discussion and no-one else does anything similar.
Let´s see what they concluded about Brazil. Brazil ends up in the 3rd worst category overall, with a ´systematic failure to uphold safeguards´. In particular, PI condemned:
the role of the courts in weakening constitutional rights of data protection (something I will be coming back to next week);
the lack of a privacy law;
the lack of habeus data provisions;
the lack of a regulatory of personal data and privacy;
an overly simplistic test for the legailty of communications interception;
the new ID law;
recent Youtube censorship;
increasing workplace surveillance, which has only been partially addressed by the courts;
widepsread private interception of intenet and e-mail traffic;
that fact that ISPs are required to keep and hand over traffic data to police;
the extensive road transport surveillance using RFID.
However they also noted:
the protection of the right to privacy of children under a 1990 law; and
the fact that bank records are protected under the constitution, and warrants are required to seize them
I will be going through their country in report in more detail next week and using this as one of the bases for the questions I will ask NGO representatives and parliamentarians in the weeks after wards.
The claim that Brazil is a surveillance society, or at least uses surveillance in the same fundamental organising way as the UK or Japan does, is based on the bureaucracy of identification around entitlement and taxation, rather than policing and security.
My previous post on the subject of whether Brazil was a surveillance society put one side of an argument I am having with myself and colleagues here: that the use surveillance in Brazil is fundamentally based on individual (and indeed commodified and largely class-based) security, rather than surveillance as fundamental social organising principle (as one might legitimately claim is the case in Britain). Now, I deliberately overstated my case and, even as I was posting, my argument was being contradicted by colleagues in the same room!
So here´s the counter-argument – or at least a significant adjustment to the argument. In most nation-states, entering into a relationship with the state involves forms of surveillance by the state of the person. This relationship is more or less voluntary depending on the state and on the subject of the relationship. In most advanced liberal democracies, the nature of surveillance is based on the nature of citizenship, particularly:
the ability of citizens to establish claims to entitlement, the most fundamental to most being a recourse to the law (to protect person and property), secondly the ability to case a vote, and more something that is generally more recent in most states, the right to some kind of support from the state (educational, medical, or financial);
the ability of the state to acquire funds from citizens through direct or indirect taxation, to support the entitlements of citizens, and to maintain order.
I am not going to consider law and order, or indeed electoral systems, here but rather I will concentrate on the way that surveillance operates in an area I had previously begun to consider: the bureaucracy of identification around state-citizen relations particularly in the areas of entitlement and taxation. The claim that Brazil is a surveillance society, or at least uses surveillance in the same fundamental organising way as the UK or Japan does, is based on this rather than policing and security.
There are two broad aspects: on the one side, taxation, and on the other, entitlement. I´ll deal first with the latter (which I know less about at the moment), in particular in the form of Lula´s Programa Bolsa Família (PBF, or Family Grant Program), one of the cornerstones of the socially progressive politics of the current Brazilian government. The PBF provides a very simple, small but direct payment to families with children, for each child, provided that the children go to school and have medical check-ups.
Of course these requirements in themselves involve forms of surveillance, through the monitoring of school attendance by children – for which there is a particular sub-program of the PBF called Projeto Presença (Project Presence) with its own reporting systems – and epidemiology and surveillance of nutrition through the Ministério de Saúde (Ministry of Health). However underlying the entitlement is massive compulsory collection of personal information through the Cadastro Único para Programas Sociais (CadÚnico, or Single Register for Social Programs), set up by Lula´s first administration to unify the previous multiple, often contradictory and difficult to administer number of social programs. This is, of course a database system, which as the CadÚnico website states, ¨funciona como um instrumento de identificação e caracterização socioeconômica das famílias brasileiras¨ (¨functions as an means of identification and socioeconomic caracterization of Brazilian families¨). Like most Brazilian state financial systems, CadÚnico is operated through the federal bank, the Caixa Econômica Federal (CAIXA). The CadÚnico database is founded on ¨um número de identificação social (NIS) de caráter único, pessoal e intransferível¨ (¨a unique, personal and non-transferable Social Identification Number or NIS¨). I am unclear yet how this NIS will relate to the new unique identification system for all citizens.
Entitlement is demonstrated with (yet another!) card, the patriotic yellow and green Cartão PBF. Like the CPF card, this is a magnetic strip card rather than a smart card, and is required for all transactions involving the PBF. Also like the CPF, but unlike many other forms of Brazilian ID, it has nothing more than the name of the recipient and the CadÚnico number printed on it. In this case the recipient is generally the mother of the children being claimed for, a progressive and practical measure shared with other family entitlement programs in Brazil.
The PBF card in itself may not be enough to claim as you would still need at least the Registro Geral (national ID) card to prove that you are the named holder of the PBF card. The card itself may be simply designed to generate a sense of inclusion, as the pictures of happy smiling PBF cardholders on the government websites show consistently emphasise, although of course, like so many other markers of entitlement to state support, it could also become a stigma.
The information collection to prove entitlement is quite extensive, and here I have translated roughly from the website:
house characteristics (number of rooms; construction type; water, sewerage and garbage systems);
family composition (number of members, dependents like children, the elderly, those with physical handicaps);
identification and civil documents of each family member;
educational qualification of each family member;
professional qualifications and employment situation;
family outgoing (rent, transport, food and others).
Although PBF is a Federal program, the information is collected at the level of individual municipalities, and there is thus the potential for errors, differences in collection methods, delays and so on to hamper the correct distribution of the money. So each municipality is required to have a committee called the Instância de Controle Social (Social Control Authority) which, whilst it may sound sinister to anglophone ears, actually refers to the control of civil society over the way that the government carries out its social programs. This is also quite a lot of information of the most personal kind and whilst, unlike in many countries there is no central authority of Commissioner for Data Protection in Brazil, there is particularly for PDF, an Observatório de Boas Práticas na Gestão do Programa Bolsa Família (Observatory for Best Practice in the Management of the PBF), which has a whole raft of measures to safeguard and protect the data, correct errors etc (what has been called habeus data principles). Effectively, this is a case of knowing exactly quis custodis ipsos custodes!
Now of course, such a large database of information about the most vulnerable people in society has the potential to be misused by a less progressive or even fascist government. Marxist analysis of early welfare systems has tended to colour our views of such programs as being solely about the management of labour on behalf of capital and the control of the working classes by the state to prevent them from more revolutionary action. For more recent times in Surveillance Studies, John Gilliom´s book, Overseers of the Poor, showed how much Federal assistance programs in the USA could impact negatively upon the lives of claimants, particularly women, in the Appalachian region, and revealed the everyday forms of resistance and adaptation that such women used to make the programs function better for them. I will have to examine more detailed anthropological studies of the PBF to see whether similar things are true of the Brazilian program. I don´t want to get too much into the effectiveness of this program now, although I am trying to examine the correlation of the PBF with apparently declining crime rates in Brazilian cities, but it is worth noting that the World Bank rates it as one of the most successful ways of dealing with extreme poverty in the world. As a general observation, it does seem that only those who object to redistributive policies full stop (or just dislike Lula himself) or those who think it does not go far enough, have any serious complaint about the PBF. But there is far more to consider here…
…the Brazilian driving licence is a goldmine of personal information…
I spent a little while over the last couple of days examining the actual material identity documents currently required in Brazil. Here are some pictures with a little explanation. There will be a lot more in the final article!
The first is the simplest but in many ways the most important to life-chances. This is the Cadastro de Pessoas Físicas (CPF) (Register of Physical (or Natural) Persons) card (or Taxpayer’s Card).
‘Pessoas Físicas’ is a a piece of legalese that is draws a distinction between humans and other ‘legal persons’, like corporations or governments. The CPF number is issued to all those who pay tax and is essential if one wants any formal work. The actual document is a blue plastic card like old-style credit cards, which also has a machine readable magnetic strip on the back.
The number is also required for many other government transactions, and it is, apparently a major disaster if you lose the card, or if for some reason, your CPF number is rescinded (which can happen if you don’t pay tax in Brazil for more than a year, for example if you are abroad, without explanation). Many people who live in the favelas, and who are involved in the shadow economy do not have a CPF, which is a severe obstacle to social inclusion.
The second document is the Registro Geral (General Registry) (ID) card, a double-sided piece of thick paper, just larger than a credit card. It is oriented vertically at the front and horizontally at the back.
Finally, we have the Carteira Nacional de Habilitação, the driving licence which, despite its name, is issued at state rather than national-level. The colour and format differs from state-to-state, however they all have pretty much the same level of information (a lot!) and cross-identification with other forms of ID. This one is from Paraná, which is a paper usually folded in half horizontally. It is specifically forbidden to laminate it.
The Brazilian driving licence is a goldmine of personal information. Partly this is because the licence had been intended to be a unifying piece of identification (a practice typical of ‘autocentric’ cultures!), containing all the information on both the CPF card and the RG card, and more. This will now not be the case following the issuing of the new RIC cards, so it will be interesting to see if the quantity of information on these licences will be reduced or, if not, what the justification will be for having this much visible personal information on one paper document.
Most people tend to think of Brazilian cities as divided and violent, with especially high rates of gang-related gun deaths in and around the favelas. Certainly that was the impression I was starting to get. However, there was an excellent piece last year in The Economist on falling murder rates in Brazilian cities. Yes, that´s right, I said falling murder rates. And not just falling, plummeting.
However, as the article points out, the decline is largely due to a halving of the murder rate in Brazil´s second city, São Paulo. The Economist put this down to a combination of: tighter gun control; better policing (including community policing initiatives and a large new Murder Squad, which ¨uses computer profiling to spot patterns and to act preventively¨); and, a relative decline in the youth demographic as the baby-boom cohort of children born after the mass immigration from the 1970s ages – the gangsters are getting older and getting out of crime, and there are slightly fewer young recruits to replace them. But one note of caution is that this may all be the temporary result of one particular gang gaining a dominant and unchallengable position. My view (not The Economist´s) is that if this latter development is a genuinely long-term trend, it could either result in a move to more legal community development activities by the gang (as has happened in some US cities) or a more stable but persistant pattern of criminality such as that in exhibited by the endemic gang-cultures of Southern Italy or in Japan…
Of course, I should also note that these figures are official ones from the Ministry of Health and I have no idea yet how reliable are the collection or categorisation methods for crime statistics used by the Brazilian authorities.
Just a quick post to say that I’ve arrived in Curitiba safely – the Brazilians seem to have the nice kind of border controls that now seem long gone in the UK. It is raining incredibly hard now, and we already had a massive electrical storm that knocked out power in our neighborhood for a couple of hours.
Note: this post was interrupted by another power cut last night!