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Protection of personal data becomes a constitutional right; understand what changes…

August 13, 2022

  The National Congress approved on (10), in a special session, an amendment that includes the protection of personal data as a fundamental right of the Brazilian Constitution. In process for three years, the initiative (PEC 17/2019) says that citizens' information in physical and digital media has the same importance and priority to be guaranteed as for education, health and public safety. 

  As of this amendment, the state becomes responsible for organizing and monitoring the processing of population data, in accordance with the criteria of the General Data Protection Law (LGPD).

  For our digital law specialist lawyer Leonardo Neri, there are basically three important implications about the change: 

  Procedural: the fundamental right to data protection is now discussed in court before the Federal Supreme Court; 

  Legislative: the competence to legislate on the matter becomes exclusive to the Union; 

  Social: Discussions about the right to have personal information protected tend to be even more in-depth. 

  “It highlights the issue of privacy as an essential element for our society, which is immersed in an immense technological revolution and, consequently, the impact of data protection will be debated in much greater depth,” he said in a statement released to the press.

Read in full by accessing: https://www.uol.com.br/tilt/noticias/redacao/2022/02/11/protecao-a-dados-pessoais-agora-e-direito-constitucional-o-que-muda.htm

 

If you have any questions about the topics covered in this publication, please contact any of the lawyers listed below or your usual Mazzucco&Mello contact.

Leonardo Neri

+55 11 3090-7303

leonardo.neri@br-mm.com

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