It was enacted by Congress yesterday, the 10th, at 15:30 PM. Amendment to the Constitution which makes the protection of personal data a fundamental right. The event was attended by Senator Eduardo Gomes and the delegation from the European Union in Brazil, represented by Minister Ana Beatriz Martins, Deputy Head of Delegation of the European Union in Brazil, and Minister Carlos Oliveira.
Since 2019 the theme “data protection"It was on the agenda for discussion." PEC 17 / 19The bill, which had been under consideration in Congress since then, reached the Senate, where it was approved, and after that, it went to the Chamber of Deputies, where it needed to undergo changes and ended up returning to the Senate for further analysis, which finally happened at the end of October last year.
Senator Rodrigo Pacheco, president of Congress, said: "The new constitutional mandate reinforces the freedom of Brazilians, as it is enshrined in our Constitution to protect the privacy of citizens. Data and personal information belong, by right, to the individual and no one else.", "It is up to him, and only him, the individual, to decide to whom this data can be revealed and under what circumstances, except for very well-defined legal exceptions, such as criminal investigations carried out with due process of law."
The text was authored by Senator Simone Tebet.
The text, which was previously presented by Senator Eduardo Gomes and reported by Senator Simone Tebet, puts the The right to the protection of personal data is among the fundamental rights and guarantees of citizens.in addition to assigning the responsibility of organizing and overseeing the protection and processing of personal data in accordance with General Law of Data Protection (LGPD), to the Union, and offers “constitutional protection” to National Data Protection Authority (ANPD), as provided for in the LGPD.
With the enactment of the Amendment, the right to The protection of personal data is incorporated into the Constitution as an entrenched clause., that is, it cannot be changed.
“We are defending rights that were once absolute, the right to privacy, to private life. This internet world is turning against us. Sometimes we are victims of crime, sometimes we are victims of the market.”"Said Senator Simone Tebet on another occasion."
It was of utmost importance that the right to privacy and protection of personal data were included in the Federal Constitution, since fundamental rights are guarantees that aim to promote human dignity and protect citizens, being essential to a dignified life for people, especially in relation to the LGPD (Brazilian General Data Protection Law) scenario.
What are LGPD and ANPD?
A General Personal Data Protection Act (LGPD)Law No. 13.709/2018 is the Brazilian legislation that defines how personal data and privacy should be handled. It came into effect in 2020, with sanctions beginning to be applied in 2021. bringing to light numerous debates about privacy and data protection.
A ANPD (National Data Protection Authority) It is the federal agency responsible for overseeing and enforcing the LGPD (Brazilian General Data Protection Law), and is an independent body within the Executive Branch of the Federal Government.
It was created to oversee how personal data is handled by companies and organizations, and its main responsibilities include applying sanctions, promoting cooperation with personal data protection authorities from other countries, monitoring and protecting the fundamental rights of freedom and privacy, and other duties as outlined in the decree that established it.
