Updated: Sep 22, 2021
Yesterday, the Lower House of Representatives, approved the Proposal for Amendment to the Constitution No. 17/2019 proposed by the Senate ("PEC 17/2019"), which "amends the Federal Constitution to include the protection of personal data among the rights and guarantees and to establish the exclusive competence of the Federal Government to legislate on the protection and processing of personal data".
More important than recognizing data protection as a fundamental right is the establishment of the exclusive competence of the Federal Government to legislate on the subject.
For some time now, there has been a movement towards creating local laws to deal with the protection of personal data in states and municipalities. According to a survey carried out by the Consumidor Moderno website, at the end of 2019, there were already several states and municipalities with laws approved or under discussion (e.g., João Pessoa/PB, Vinhedo/SP, Cariacica/ES, São Paulo/SP, Rio de Janeiro/RJ and Recife/PE).
By Renata Ciampi and Fernando Stacchini
Technology, Intellectual Property, Digital Law and Data Privacy team - Motta Fernandes