Cybersecurity & Data Privacy
The Proposal for Constitutional Amendment (PEC), aiming to include the protection of personal data among the constitutional fundamental rights and guarantees was approved in 2 rounds by the Senate on July 2, 2019.
Article 5, XII, of the Brazilian Federal Constitution was amended, establishing that "it is ensured, by law, the right of personal data protection, including in digital media". Currently, the Brazilian Federal Constitution already guarantees the secrecy of correspondence and telegraphic communications, data and telephone communications.
In addition, PEC also includes a new section in Article 22, determining that the jurisdiction to legislate on the protection and processing of personal data will belong exclusively to the Union.
Even with an existing ordinary law concerning specifically data
protection (the General Data Protection Law), Senator Eduardo
Gomes, author of the PEC, understands that data protection needs a
constitutional provision "convinced that Brazil needs more
than an ordinary law on the subject, despite the legal relevance of
the LGPD, we propose this amendment to the Federal
The PEC is now being submitted to the analysis and approval by the House of Representatives.
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.