Brazil. Human rights / constitutional. Constitutional provision

EC 115/2022Constitutional Amendment No. 115/2022 (fundamental right to personal data protection)

In force

Partly verified

Medium confidence. Amendment number/date from general knowledge; DLA confirms Feb 2022.

§1Summary

Synopsis

Adds personal data protection, including in digital media, to the fundamental rights in Article 5 of the Federal Constitution and gives the Union exclusive competence to legislate on the subject.

Key themes

fundamental right
federal competence
data protection

Unique features

Prevents states and municipalities from enacting their own general data protection laws.

SaaS relevance

Ensures a single federal regime (LGPD/ANPD) for SaaS providers rather than a patchwork of state laws.

§2Dates

Key dates

Adopted 10 February 2022
In force 10 February 2022

§3Text and authority

Text

Authoritative text planalto.gov.br

Authority

Courts (STF)

§4Where it applies

Domestic law of: Brazil

§5Sources and verification

Verification

Medium confidence.

Partly verified

Medium confidence. Amendment number/date from general knowledge; DLA confirms Feb 2022.