By: Leonardo Neri
On October 20, 2021, the Proposed Constitutional Amendment (PEC) that addresses the transformation of personal data into a fundamental right was approved by the Senate, becoming a permanent clause in the Federal Constitution (CF), meaning that future changes will not have the power to weaken such protection. After approval, the proposal will go to Congress to be quickly enacted. It is worth noting that Constitutional Amendments do not require presidential approval.
In the first round, the PEC received 81 votes, 64 for “Yes”, 1 for “Did not vote” and 16 “Absent”. It should be noted that 49 positive votes were needed for the next phase of approval. In the second phase, the number of “yes” votes was even higher, with 76, 1 for “did not vote” and only 4 “absent”. At the moment, it is awaiting promulgation.
In the legislative sphere, the PEC will continue with the rule “The right to the protection of personal data, including in digital media, is guaranteed under the terms of the law”.
In addition to being included in the Federal Constitution, the PEC establishes that it is the role of the Union to monitor and protect the data of its taxpayers, with the country having sovereignty to legislate on the protection and processing of data. It is argued that unitary legislation is important so that, for example, individuals and agents who have direct involvement with the LGPD have greater and better conditions to comply with the standard without being harmed.