ADI 6389
Direct Action of Unconstitutionality
Reporting Minister: Rosa Weber
CONTEXT
During the Covid-19 pandemic, the Federal Government issued Provisional Measure nº 954/2020, which required telecommunications companies to share personal data of their users with the Brazilian Institute of Geography and Statistics (IBGE), exposing the name, phone number, and address of nearly the entire Brazilian population. The justification was that providing this information was necessary for official statistical production during the pandemic.
LAWSUIT
In the suit filed by the law firm, it was argued that the measure violated the fundamental right to data protection, derived from the principle of human dignity (Article 1, III of the Constitution) and the constitutional guarantees of personality (Article 5, X to XII of the Constitution). It was emphasized that, even in cases of public health emergencies, unrestricted access to individuals’ data should not be allowed.
RESULT
The Supreme Court accepted the claim and annulled the effects of the provisional measure, preventing the exposure of the population’s data. The court also recognized, for the first time, the fundamental right to personal data protection in Brazil.
IMPACT
Attorney Rafael Carneiro celebrated the decision, stating: “For the first time, the Supreme Court expressly recognized the fundamental right to data protection. It was a historic ruling that will serve as a benchmark for a number of current issues related to privacy and the manipulation of personal data,” he said.