Digital Policy Alert logo

Brazil: Introduction of constitutional reform to qualify data protection as constitutional right

Policy overview

Description

Introduction of constitutional reform to qualify data protection as constitutional right

The proposal for constitutional reform (PEC 17/19) is introduced, aiming to qualify as constitutional the right to data protection, leading to only the federal government being able to legislate on data protection.

Original source

Scope

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

The proposal for constitutional reform (PEC 17/19) is introduced, aiming to qualify as constitution…

2021-08-31
under deliberation

On 31 August 2021, the Chamber of Deputies approved the constitutional amendment (PEC No. 17/2019) …

2021-10-20
under deliberation

On 20 October 2021, the Federal Senate of Brazil approved the constitutional amendment PEC No. 17/2…

2022-02-10
in force

On 10 February 2022, the constitutional amendment PEC No. 115 is implemented, adding the protection…

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

Policy change by business practice

The detailed activities within the scope of this policy or regulatory change.

personal data (all forms): data processing

personal data (all forms): storage (any form)

personal data (all forms): data collection