Personal data protection now a right under Brazil Constitution

Brazil’s National Congress at a solemn sitting held Thursday (Feb. 10) approved a constitutional amendment bill making the protection of personal data—including on digital media—a fundamental right. The matter had been considered in Congress since 2019.

Lower house speaker Senator Rodrigo Pacheco mentioned the adaptation of Brazilian law to new times, as information circulates online at a staggering pace. In this connection, he noted the need to guarantee people’s privacy. “The new constitutional mandate strengthens the liberty of Brazilians, as it becomes a part of our Constitution on behalf of citizens’ privacy. Personal data belong rightfully to the individual and the individual alone,” he said.

“It is up for the individual, and only to the individual, to choose to whom these data can be revealed and in what circumstances, except in very well outlined legal settings, as is the case of criminal investigations under due process,” Pacheco added.

Now, data protection is incorporated into the Constitution as an entrenched clause—it can no longer be altered. Fundamental rights are regarded as values inherent to the human being, like liberty and dignity. Among the fundamental rights guaranteed under the Brazilian Constitution are free expression of thought; liberty of faith; and the inviolability of one’s intimacy, private life, honor, and image.

The amendment brings to the constitutional text the principles of the General Law on Personal Data Protection, known in the original Portuguese acronym as LGPD. It regulates the treatment of personal data on any platform, including digital storage, by natural persons or firms, governed by public or private law, and aims to ensure the privacy of individuals.