A concretização da proteção de dados pessoais nas relações de trabalho subordinado: uma análise constitucional do princípio fundamental da proteção dos dados pessoais

Abstract

The work carried out aims to verify the context of personal data protection in subordinate employment relationships, with a special focus on the use of the permissive hypothesis of consent for the processing of workers' personal data and its controversial use in situations of subordination and power imbalance with their employers. Efforts will also be made to present solutions to ensure the protection of personal data in these relationships, analyzing the role of different actors who actively participate in the work environment. To enable a full understanding of these objectives, the exposition of the protection of personal data in its historical-evolutionary context will be initially presented. Subsequently, the established distinction between privacy and the protection of personal data will be analyzed, along with the imperative of greater attention to the protection of personal data of subordinate workers in the face of the risks that data processing poses to their rights. The constitutional foundations' similarity with the General Data Protection Law (Lei Geral de Proteção de Dados Pessoais – LGPD) will also be demonstrated, concluding the initial chapter with the study of technical terms indispensable to the subject. Next, the principles related to the protection of personal data will be considered in a study comparing these principles with others of a labor nature, aiming to determine the possibility-necessity of using an integrative interpretation of them in subordinate employment relationships. The authorized hypotheses for the processing of personal data will be evaluated to highlight the problem of using consent in this type of relationship, given the specific characteristics of this contractual model. Solutions will be presented at the end for its legally more secure use, ensuring the rights and freedoms of workers. In the following chapter, the principle of accountability will be presented as a master principle in the protection of personal data in subordinate employment relationships, as it allows for the monitoring of processing through various means and by various individuals. The importance of the supervisory role of different institutions actively involved in this labor relationship will also be demonstrated. Finally, the conclusions of the research will be presented.