DATA PROTECTION AS A FUNDAMENTAL RIGHT: AN ANALYSIS BASED ON CONSTITUTIONAL AMENDMENT 115/2022

Abstract

This article sought to analyze how the right to privacy has been treated in the context of personal data protection, in the face of the current information and consumption society, especially digital. For the elaboration of this work, a bibliographic research was carried out, using legislation, doctrine and jurisprudence as sources. The analysis of the information was carried out through exploratory reading in a qualitative approach. The discussion of the research is based on the path taken until reaching the Constitutional Amendment 115/2022, which included data protection in the list of fundamental rights, and for that, the theme of the right to privacy is first addressed, then the importance of of data protection today, and finally, it deals with Constitutional Amendment 115/2022. Through this research, the difficulty of giving the individual effective control over their personal data is demonstrated, especially because the internet is a transnational technology. However, there was a significant advance towards this protection, embodied in the elaboration of Constitutional Amendment 115/2022, which included data protection as a fundamental right expressly provided for in the Federal Constitution of 1988.