Law / Brazil

Constitutional Amendment 115/2022, constitutional right to the protection of personal data

Emenda Constitucional nº 115, de 10 de fevereiro de 2022, arts. 1º-3º (Constituição Federal, arts. 5º, LXXIX, 21, XXVI and 22, XXX)

In force since .

A comprehensive regime rule binding public and private bodies.

Obligation class
Data subject rights

What it requires

  • Respect, in any processing of personal data, the constitutional right to the protection of personal data, including in digital media, as the law defines it.

These lines are LexLint's reading of the law's text.

What this law does

Drafted with AI

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Research summary

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Article 1 of Constitutional Amendment 115 of 2022 adds item LXXIX to article 5 of the Federal Constitution, which assures, under the terms of the law, the right to the protection of personal data, including in digital media. Article 2 adds item XXVI to article 21 of the Constitution, which makes it a matter for the Union to organize and supervise the protection and processing of personal data, under the terms of the law.

The amendment fixes the private competence of the Union to legislate on the protection and processing of personal data. The amendment took effect on the day of its publication.

When LexLint raises it

When your app profile says your app processes personal data.

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