On February 10, 2022, Brazil’s National Congress enacted the Constitutional Amendment 115/2022, making the protection of personal data a fundamental right, including on digital media.
Now, the right to protection of personal data is included in the list of fundamental rights and guarantees established in Article 5 of the Brazilian Federal Constitution, which governs individual and collective rights, the promotion of human dignity and the protection of individuals. Thus, personal data protection is now an irrevocable clause according to Article 60, § 4º, IV of the Brazilian Constitution. New laws or Constitutional Amendments on the subject can only extend the guarantees of protection, and never restrict them.
In addition to making the protection of personal data a constitutional right, the amendment establishes that it is up to the Federal Government to organize and supervise the protection and processing of personal data and established its exclusive authority to legislate on the subject, which should guarantee greater uniformity in legislation.
The enactment of the amendment 115/2022 will also allow greater legal certainty in the application of the Brazilian General Data Protection Law (“LGPD”), given that its principles are now constitutionally protected. The Law N. 13,709/18 regulates the processing of personal data, carried out by individuals or legal entities, under public or private law, including in digital media, with the aim of ensuring the privacy and protection of individuals.
For more information, please contact Saud Advogados.