This Thursday (10), the National Congress enacted Constitutional Amendment 115/22, which amends the Federal Constitution to include the protection of personal data among fundamental rights and guarantees. This amendment originated in the Constitution Amendment Proposal 17/2019, approved by the Senate in 2021.
In addition to including personal data protection as a fundamental right, Constitutional Amendment 115/22 gives the Union the exclusive competence to legislate, organize and inspect the protection and processing of personal data, following the wording of the Federal Law no. 13,709/18, Brazilian General Data Protection Law ("LGPD").
Elevating the protection of personal data as a fundamental right reinforces the relevance of the matter and consolidates the need to observe all the rights of the data subjects and the fulfillment of the obligations foreseen in the applicable data protection legislation.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.