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

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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

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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

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

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

Regulatory tool

Data storage/retention obligation

Sanctions

Regulated subjects

personal data (all forms): data collection

Regulatory tool

Data storage/retention obligation

Sanctions

Regulated subjects