Data protection becomes a fundamental right in Brazil

The Brazilian Congress has enacted an Amendment to the Constitution that makes personal data protection a fundamental citizen right. The changes make personal data protection an unchangeable clause, meaning any changes to this theme will have to be aimed at expanding and protecting citizen rights.

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Under the amendment to article 5 of the country’s Constitution, which relates to individual and collective rights, a new section has been added, noting “the right to protection of personal data, including in digital media, is ensured under the terms of the law.”

The president of the Brazilian Senate, Rodrigo Pacheco, said that the enactment of the amendment focused on personal data protection is a demonstration of Congress’ commitment “to the non-negotiable value of individual liberty.” Pacheco also noted the measure reinforces legal certainty and improves the environment for investments in the technology and communication sector in Brazil.

The proposal underpinning the amendment establishes that the federal government is solely responsible for

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