A proteção de dados do trabalhador e o empregador: responsabilidades e desafios da fase pós-contratual

Abstract

The main goal of this study is to analyze the civil liabilities of employers in the context of worker data protection, considering the challenges related to data management and digital inheritance after the termination of the employment contract. To achieve this, the study initially aims to understand the oundations of civil liability in the realm of data protection, exploring its concepts, definitions, principles, as well as the history and evolution of the right to privacy. Next, it seeks to analyze the implications of the LGPD (General Data Protection Law) in the workplace, focusing on employer responsibilities, data subjects' rights, and the challenges associated with the management of labor data. The methodology of this research is qualitative, theoretical, exploratory, and descriptive, focusing on the analysis of legal doctrines and legislation on data protection in the labor environment. The study uses a comprehensive literature review to theoretically substantiate the concepts of civil liability and data protection, as well as a detailed documentary analysis of the LGPD and other relevant regulations that regard worker data. Additionally, it provides a critical understanding of the responsibilities and challenges faced by employers in managing workers' digital data. It was found, not only the importance of rigorously complying with the LGPD but also urgency around the fact that organizations need to be constantly evolving and adapting in response to the risks brought by technology. Civil liability, as it stands, should not be understood as a normative imposition, but also as a principle guidance before technological evolution.