Does the constitutionalization of personal data protection guarantee the effective protection of this right?

Abstract

The growing relevance of personal data in the digital economy has redefined how fundamental rights, especially the right to privacy, are understood and protected. In this new context, major technology platforms—commonly referred to as big tech—go beyond merely facilitating communication and access to information: they also exercise normative and regulatory influence, challenging the traditional boundaries between public and private spheres. Given this scenario, this article highlights the importance of the constitutionalization of personal data protection, considering the essential role of constitutional jurisdiction and the need to rethink the contours of power in the digital environment. Drawing on the principles of digital constitutionalism, it argues for the evolution of constitutional law in order to adjust it to the new demands and risks emerging from the technological context. It concludes that the mere inclusion of data protection in the constitutional text, although symbolic, is not sufficient to ensure its effectiveness. A robust research and regulatory action agenda must be built, recognizing that contemporary constitutional law must adapt its traditional tools to face the challenges imposed on freedom, equality, and human dignity in the digital realm. Thus, personal data protection must be understood not merely as a technical measure, but as an essential component of the structure of a democratic constitutional order. The methodology employed was qualitative bibliographic analysis, based on research from renowned legal doctrine, academic articles addressing the topic, legislation, empirical observation, and other sources that explore the subject.