Chamber approves in 2nd round PEC that includes the protection of personal data in the Constitution – News

08/31/2021 – 18:56
• Updated on 08/31/2021 – 19:37

Cleia Viana/Chamber of Deputies

Plenary Session of the Chamber of Deputies

On Tuesday (31) the Chamber of Deputies approved the Senate’s Proposal for Amendment to the Constitution (PEC) 17/19, which makes the protection of personal data, including in digital media, a fundamental right and refers privately to the Union to function of legislating on the subject.

The proposal was approved in two rounds in the form of the substitute the rapporteur, deputy Orlando Silva (PCdoB-SP), and should return to the Federal Senate due to the changes made. In the second round vote, there were 436 votes to 4. In the first round, there were 439 to 1.

According to the proposal, the Union will also be responsible for organizing and supervising the protection and processing of personal data, under the terms of the law.

“All of us here systematically use applications on the internet, and the handling of these applications is based on the offer of personal data, which is often manipulated without each of us knowing the risks to our privacy,” said Orlando Silva.

Cleia Viana/Chamber of Deputies

Deputy Orlando Silva, rapporteur of the proposal

data protection
Orlando Silva stressed that the proposal consolidates regulations for the protection of personal data and “puts Brazil on the frontier of this legislation”. He recalled that the country already has the General Law for the Protection of Personal Data (LGPD) and has, as a supervisory body, the National Data Protection Authority (ANPD).

For deputy Isnaldo Bulhões (MDB-AL), “without a doubt, the PEC is an advance, because we follow major scandals, large violations and frauds that have advanced a lot in recent times with the technological development in Brazil and in the world.”

Deputies Hildo Rocha (MDB-MA) and Felipe Rigoni (PSB-ES) also defended the approval of the PEC. Rocha warned that there are currently risks, such as the leak this year of data from 223 million people, including those who have already died. Rigoni, in turn, defended that the ANPD should have independence and autonomy.

One emphasis do Novo approved by the Plenary removed from the text the provision for the creation of a regulatory body on data protection in the form of an independent entity, part of the indirect federal public administration and subject to a special autarchic regime.

When defending the removal of the passage, deputy Vinícius Poit (Novo-SP) questioned the inclusion in the Constitution of the creation of an agency. “Nobody here is questioning the autonomy, the independence of the regulatory authority. Now, constitutionalizing this issue has never been done for any other agency”, he pondered.

The Plenary followed the deputy’s intention and rejected the passage by 266 votes to 165. To keep a text in a PEC, 308 favorable votes are needed.

Learn more about the processing of proposals to amend the Constitution

Reporting – Eduardo Piovesan and Ralph Machado
Edition – Pierre Triboli