Cybersecurity & Data Privacy
The Proposal for Constitutional Amendment (PEC), aiming to
include the protection of personal data among the constitutional
fundamental rights and guarantees was approved in 2 rounds by the
Senate on July 2, 2019.
Article 5, XII, of the Brazilian Federal Constitution was
amended, establishing that "it is ensured, by law, the right
of personal data protection, including in digital media".
Currently, the Brazilian Federal Constitution already guarantees
the secrecy of correspondence and telegraphic communications, data
and telephone communications.
In addition, PEC also includes a new section in Article 22,
determining that the jurisdiction to legislate on the protection
and processing of personal data will belong exclusively to the
Union.
