Technology—digital solutions as well as devices—has grown over the years to become a cornerstone of the business environment. It is no longer considered a luxury in the workplace, but a necessity, irrespective of whether the business is focused on technology. Businesses look increasingly to technology to help their workers be more productive and efficient, the discussion of privacy in the workplace, which is also related to cybersecurity, becomes relevant.
In Brazil, no laws or regulations apply specifically to workers’ privacy; this area is primarily regulated by the general provisions set out in the Brazilian General Data Protection Law (LGPD), although the LGPD provides no specifics on the processing of employee data. In addition to law provisions, there are some general adopted practices. These are based on labor case law, which shapes practices to protect workers from abuse in the workplace.
The LGPD, which is inspired to a great extent by the EU’s General Data Protection Regulation (GDPR), came into force on September 18, 2020 and created a new legal framework for the use of personal data in Brazil, both online and off, and in the public and private sectors.
The LGPD establishes a series of obligations related to the processing of personal data—from general ones, such as the need to rely on a legal basis to process personal data, to more specific ones on the processing of sensitive data. These include the data subject’s rights, the need to appoint a data protection...
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