In effect in Brazil for over two years, the General Data Protection Law (LGPD) affects all companies that hold personal data and serves to regulate the processing of personal data on the internet.
It is inevitable that a business with active employees and customers will be influenced by such a law. The fact is that the process affects all levels of the company, and those who hold power within it must be aligned with all types of laws applicable to their business.
Speaking about the relationship between laws and the LGPD (Brazilian General Data Protection Law) and data processing, all information about individuals found must be treated with respect to the law. privacyThey should be treated with the same seriousness, with the same conscious and transparent approach for all.
Providing information for your company.
When hiring, providing personal information, and receiving resumes from interested parties – despite the possibility of not being selected for the position – it is the responsibility of the data recipient to keep it secure in their system.
Data subjects also have the right to request the removal of their personal information in the event of termination, dismissal, or disapproval during the recruitment process.
When recruiting, one must consider what information – including personal data – should be requested and what is necessary and influential when selecting a professional.
For example, some information is essential and must be collected, such as full name, phone number, and other contact information.
Other information, which may fall under the category of sensitive data, is not necessary depending on the context and could even lead to discrimination against the data subject when disclosed. Examples of sensitive data include: sex life, health, political opinion, among others.
Technology tools and privacy at work
In companies, some computers are designed to monitor performance. They serve to determine if the employee is performing their task correctly during their working hours. This is called work monitoring, which also applies to home office work.
It is permitted, provided the employee is aware of it and managers do not have access to the person's video (webcam) or audio. According to Article 5 of the Federal Constitution, the right to one's image cannot be violated.
"The intimacy, private life, honor, and image of individuals are inviolable, and the right to compensation for material or moral damages resulting from their violation is guaranteed."
Now, regarding corporate emails, the employer has the right to monitor the employee's activity and verify the messages.
To reiterate: the employee must be informed about the monitoring platforms and how they work, which must be explained.
Recently, the topic gained even more prominence after a case involving an American woman in July 2022. In the United States and Europe, such programs have become popular in the corporate world.
Another name given to software that monitors employee productivity is "bossware." Monitoring is legal and must include rules that respect privacy, and programs should be selected with these characteristics in mind, in accordance with the General Data Protection Law.
