Brazil: Implemented constitutional amendment to classify personal data protection as a fundamental right
Description
Implemented constitutional amendment to classify personal data protection as a fundamental right
On 10 February 2022, the constitutional amendment PEC No. 115 is implemented, adding the protection of personal data to the list of the fundamental rights listed in the Brazilian constitution and extending the right to data protection to the digital environment. Under the new amendment, the Federal Government is responsible for legislating and supervising the protection of personal data and the way personal data is processed.
Original sourceScope
Policy Area
Data governance
Policy Instrument
Data protection regulation
Regulated Economic Activity
cross-cutting
Implementation Level
national
Government Branch
legislature
Government Body
parliament
Complete timeline of this policy change
Hide details
2019-07-03
under deliberation
2021-08-31
under deliberation
2021-10-20
under deliberation
Key regulatory dimensions
Regulated subjects
The businesses, government agencies or individuals affected by this policy or regulatory change.
producer / supplier
1
Type
Any
Economic activity
cross-cutting
Category
All
Policy change by business practice
The detailed activities within the scope of this policy or regulatory change.
personal data (all forms): data processing
Regulatory tool
Data storage/retention obligation
Sanctions
Regulated subjects
1
personal data (all forms): storage (any form)
Regulatory tool
Data storage/retention obligation
Sanctions
Regulated subjects
1
personal data (all forms): data collection
Regulatory tool
Data storage/retention obligation
Sanctions
Regulated subjects
1