THE GENERAL DATA PROTECTION ACT (LGPD) AND ITS APPLICATION IN THE WORKING RELATIONSHIP

Authors

  • Andreia Xavier da Silva Santos Faculdade de Ilhéus
  • Icaro de Souza Duarte Faculdade de Ilhéus

DOI:

https://doi.org/10.51891/rease.v8i5.5789

Keywords:

General Data Protection Act (LGPD). Application in the Work Relationship. Fundamental right.

Abstract

Personal data was often shared without authorization, with the increase in internet use, this sharing ended up happening quickly. Data protection has long been addressed in the legal system, but still not having a specific law, in 2018 the General Data Protection Law (LGPD) was published. This work intends to discuss the impacts that occurred in the employment relationship with the validity of the LGPD. Conducting a bibliographic and documentary research. This law was based on the General Data Protection Regulation (GDPR) and aims to protect the fundamental rights of the data subject, following some principles. The LGPD, in addition to protection, also addresses sanctions with a limited fine of BRL 50,000.00 (fifty million reais) for infringement or up to 2% (two percent) of a company's revenue, applied in case of non-compliance, in 2022 the protection of personal data was inserted as a fundamental right in the Federal Constitution. Thus, the employer, during all phases of the working relationship with its employees, must carry out processes and define actions for the best development of the company, respecting what the LGDP requires, because even with a short period of validity, its theme has already been widely discussed. in the instances of Brazilian legal power.

Author Biographies

Andreia Xavier da Silva Santos, Faculdade de Ilhéus

Graduada em Ciências Biológicas, pela Universidade Estadual de Santa Cruz (UESC). Graduanda do curso de Direito na Faculdade de Ilhéus.

Icaro de Souza Duarte, Faculdade de Ilhéus

Graduado em Direito pela Universidade Estadual de Santa Cruz (UESC). Mestre em Direito pela Universidade Federal da Bahia (UFBA). Advogado e professor na Faculdade de Ilhéus.

Published

2022-06-14

How to Cite

Santos, A. X. da S. ., & Duarte, I. de S. . (2022). THE GENERAL DATA PROTECTION ACT (LGPD) AND ITS APPLICATION IN THE WORKING RELATIONSHIP. Revista Ibero-Americana De Humanidades, Ciências E Educação, 8(5), 2671–2690. https://doi.org/10.51891/rease.v8i5.5789