A constitutional reform bill was recently introduced in the Senate (Bulletin No. 18.019-07), seeking to incorporate the digital identity right and informational self-determination as fundamental guarantees, through an amendment to Article 19 of the Constitution.
The initiative proposes adding a new bis subsection to the current subsection No. 4— which refers to the protection of private life and personal data—expressly recognizing the right to digital identity and to informational self-determination, and establishing specific duties for the State with regard to the protection of the personal data that make up such identity.
The bill adopts a broad conception of digital identity, distinguishing between data intentionally provided by the user, such as profile information; data derived from the user’s online actions—namely behavioral data—such as activity and interaction histories; and, finally, data inferred or aggregated through algorithmic analysis of digital behavior.
It also establishes that no person may be subject to automated processing or use of personal data without their consent, except in the cases and under the conditions established by law. Such law will determine the conditions and limits for the exercise of this right, the protection mechanisms and applicable procedures for safeguarding digital identity, as well as the special protection afforded to children and adolescents in digital environments.
In this context, the proposal reflects a concern to place individuals, their dignity and their rights at the center of debates related to technological development, seeking to reconcile advances in the digital era with the protection of personal autonomy and individual decision-making capacity.
The legislative proposal also refers to the regulatory framework recently enacted in the areas of personal data protection and cybersecurity, in particular Law N° 21.719, enacted in 2024 and entering into force on December 1st, 2026, and the Cybersecurity Law, enacted in 2024 and in force as of this year, as part of a set of legislative responses aimed at protecting identity and human rights in the digital area.