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.