Tratamento de dados pessoais do trabalhador: aplicação das bases legais

Abstract

This thesis aims to analyze the impact of the General Data Protection Law on labor relations and the possible hypotheses that authorize data processing in the workplace. The current article begins with a historical review of technological evolution, whose timeframe begins in Industry 4.0, a period in which the informational society, surveillance capitalism and the enactment of the General Data Protection Law emerge, highlighting the importance of data personal for the evolution of the market. In addition, it demonstrates the impacts of automation and the information society on new work relationships, such as work activities, through on-demand platform applications, digital hyperconnectivity, the right to disconnect and the consequent precariousness of work. With the excess of personal information and its commercialization, it was verified the need to pay attention to the preservation of the individual's privacy and intimacy, as well as to the specific regulation on the processing of personal data, mainly in a digital environment. Therefore, the General Data Protection Law was regulated, with the influence of the European Data Protection Regulation (GDPR), whose objective is to safeguard the fundamental rights of freedom and privacy, both natural and legal persons. In view of the large circulation of personal data because of the Digital Age, the importance of data processing in line with the LGPD will be analyzed, especially in labor relations, since these are generally collected from hiring to termination of the contract. Authorizing hypotheses for the processing of personal data and the challenges of using consent as a legal basis in the labor sphere will also be addressed, considering the context of subordinate work.