The Brazilian Federal Constitution is amended to include the protection of personal data as a fundamental right – Privacy

This Thursday (10), the National Congress promulgated Constitutional Amendment 115/22, which modifies the Federal Constitution to include the protection of personal data among the fundamental rights and guarantees. This amendment has its origin in the proposal to amend the Constitution 17/2019, approved by the Senate in 2021.

In addition to including the protection of personal data as a fundamental right, Constitutional Amendment 115/22 grants the Union exclusive competence to legislate, organize and control the protection and processing of personal data, in accordance with the wording of the Federal Law No. 13,709/18, Brazilian General Data Protection Law (“LGPD”).

Raising the protection of personal data as a fundamental right reinforces the relevance of the issue and consolidates the need to respect all the rights of data subjects and the fulfillment of the obligations provided for in the applicable data protection legislation.

The content of this article is intended to provide a general guide on the subject. Specialist advice should be sought regarding your particular situation.