Data Protection becomes part of the Federal Constitution

After more than two years of processing PEC 17/2019 in the National Congress, on February 10, Constitutional Amendment (EC) 115/2022 was enacted, derived from the PEC mentioned above, which amends the text of the Federal Constitution (CF) to include the protection of personal data among the fundamental rights and guarantees provided for in art. 5 of the Federal Constitution.

Furthermore, the EC also establishes the exclusive competence of the Union to organize and supervise the protection and processing of personal data under the terms of the General Data Protection Law and legislate on the subject.

The enactment of this Amendment reinforces the importance of protecting personal data and the need to carry out the processing of personal data following the legislation, complementing the right to privacy previously contemplated by the Constitution.