Support Centre

You have out of 5 free articles left for the month

Signup for a trial to access unlimited content.

Start Trial

Continue reading on DataGuidance with:

Free Member

Limited Articles

Create an account to continue accessing select articles, resources, and guidance notes.

Free Trial

Unlimited Access

Start your free trial to access unlimited articles, resources, guidance notes, and workspaces.

Brazil: Supreme Court finds unlawful sharing of telecommunications data with public statistical institute

The Supreme Federal Court ('the Supreme Court') published, on 12 November 2020, its judgment, containing the vote of all its ministers, in Ação Direta de Inconstitucionalidade n. 6.387. In particular, regarding Provisional Measure 954/2020 of 17 April 2020, which required telecommunication operators to share customer personal information with the Brazilian Institute of Geography and Statistics Foundation ('IBGE') to support official statistical production during the Coronavirus pandemic. Specifically, the judgment reiterates that the sharing of telecommunications data violates the principles of human dignity, the inviolability of intimacy, private life, honour and people's image, as well as the principle of secrecy of information and self-determination, as protected by the Constitution of Brazil ('the Constitution'). 

Furthermore, the judgment details that, on several occasions, the personal data protection of citizens has been discussed in relation to becoming a fundamental right in the Constitution. However, the Constitution currently refers to privacy as a fundamental right, but not the right to personal data protection.

You can read the judgment, only available in Portuguese, here.