Under items I and II of Article 6 of the General Data Protection Law (LGPD – Law No. 13,709/2018), individuals or entities holding personal data must process it in good faith for legitimate, specific, and informed purposes communicated to the data subject. Article 5, item LXXIX of the Federal Constitution supports this provision, which guarantees, as provided by law, the right to personal data protection, including in digital media.

This has led to significant changes in labor case law, such as recognizing the need for consent before processing employee data and imposing stricter accountability for data breaches, thereby increasing protection for employees’ personal data. What was once a rarely questioned matter has now become a frequent subject of litigation in labor disputes, driven mainly by rapid technological advances and the resulting heightened risk of misuse of employees’ personal data.

Therefore, labor judges increasingly rule that disclosing employee data without consent is unlawful and warrants compensation. Such actions violate the LGPD and directly infringe upon constitutional principles of intimacy, privacy, and employee dignity.

Consequently, companies must keep their employee data processing policies up to date and provide guidance and training to Human Resources teams, who typically handle such information, on the necessity of safeguarding and maintaining confidentiality of accessed data. Additionally, employees should formally authorize the processing of their data in writing or through other means that clearly express their consent on the matter.

Glossary:

LGPD (General Data Protection Law) – Brazilian legislation (Law No. 13,709/2018) that regulates the processing of personal data, aiming to protect privacy and ensure data security in digital and physical environments.

Article 5, Item LXXIX of the Federal Constitution – a constitutional provision guaranteeing individuals the right to personal data protection, including in digital media, as provided by law.

Constitutional Principles of Intimacy, Privacy, and Dignity – core constitutional values in Brazil that safeguard individuals’ private life, personal freedom, and inherent human dignity.