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Digital data protection to be a fundamental right in Brazil as amendment to constitution is approved

Protection of personal data on digital platforms could soon be a fundamental right in Brazil, after the Senate approved an amendment to the constitution. The amendment (PEC 17/2019 — in Portuguese), which includes the protection of personal data on digital digital platforms in the list of fundamental rights and individual citizen guarantees under the Brazilian Constitution, was approved with 65 votes in favour in the first round, and 62 favourable votes in the second round. It is currently with the Chamber of Deputies for voting. The proposal was authored by Senator Eduardo Gomes, and its rapporteur is Senator Simone Tebet.

According to the Senate report cited earlier, Gomes said that personal data protection was a continuation of privacy protection. Tebet meanwhile said that the federal government should be responsible for legislating on the protection of personal data, and that “constitutionalising the issue” would show that the state recognises the importance of the subject. “The state, society and citizen may have the right, as a general rule, to know the other, as long as there is a real need. Otherwise, privacy and data privacy must be preserved as much as possible,” she added.

Brazil’s Data Protection Regulation has been delayed by 6 months

Brazil approved the General Data Protection Regulation in August last year, and it was scheduled to come into effect in February 2020. However, in December 2018, several alterations were made to it, including establishing a National Data Protection Authority (ANDP). These alterations, vetoed by then President Michel Temer, postponed the enforcement date from February 2020 to August 2020. The ANDP will be responsible creating frameworks to handle information and guide organisations on how to adhere to the rules of the data protection law. It will also be responsible for monitoring and imposing fines on non-compliant organisations.

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