Constitutional Amendment that includes protection of personal data as a fundamental right in Brazil is enacted
On the last Thursday, February 10, 2022, the National Congress enacted the Constitutional Amendment 115/2022, which includes in Article 5 of the Federal Constitution the protection of personal data among the fundamental rights and guarantees in Brazil.
The Constitutional Amendment also attributes to the Union the competences to organize and supervise the protection and processing of personal data, as well as the exclusive competence to legislate about the matter.
In view of the accentuated and inevitable increase of digitalization in all areas of the contemporaneous life, the inclusion of data protection as a fundamental right in our Constitution demonstrates an important modernization and a considerable progress of the Magna Carta. As from the promulgation of the Constitutional Amendment 115/22, the right to the protection of personal data has become a permanent clause, which means that this right cannot be excluded from our legal framework.
In addition, this inclusion brings significant advances for the guarantee of effectiveness of data subjects, besides consolidating the relevance for measures that boost the culture of privacy and personal data protection in the most diverse sectors of the Country.
The National Data Protection Authority (ANPD) celebrates this change, which demonstrates how personal data protection has been gaining legitimacy and prominence in the Brazilian society.
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Paula Mena Barreto