Personal and sensitive data of the worker

legal mechanisms and the possibilities of protection in labor relations

Abstract

The advent of New Information and Communication Technologies (NICT) brought disruptive changes to work relationships. With the reduction in acquisition costs of these technologies, companies began to collect, process and store extensive amounts of data, from different origins and formats, which potentiated the exercise of the employer's directive power, especially the control modality, inaugurating, in a irreversible, the so-called electronic employee control. This situation increased the possibility of damage to the fundamental rights and freedoms of workers, especially regarding their personal and sensitive data, requiring the Brazilian legal system, especially Labor Law, to guarantee effective protection of the worker's personality rights, so to establish limits to the exercise of the supervisory and control power of the employer and, with that, to avoid abusive practices in the collection and treatment of the personal and sensitive data of the workers.