PRIVACY AND EMPLOYEE DATA PROTECTION: THE IMPACT OF THE GENERAL DATA PROTECTION LAW ON TELEWORKING

Abstract

The present work addresses the privacy and data protection of employees in telework with a focus on the incidence of the General Data Protection Law (LGPD). In order to verify the scope and applicability of the LGPD for this protection, the rules of this guardianship system, its main norms, foundations and principles were initially brought. Circumstances related to obtaining, keeping and using the worker's personal data are inserted in the perspective of the employment contract, in all its phases and even after the contractual termination. The study is based on exploratory bibliographical research that used, in a qualitative study, books and articles on the subject, in addition to the relevant constitutional and infraconstitutional legislation. It was concluded that every contractual cycle between employee and employer is under the protection of the worker's data, mainly to prevent injuries to rights resulting from leaks or abusive use of their data. It is up to the employer to adopt the necessary measures to guarantee the protection of the data and privacy of the teleworker, under penalty of suffering sanctions provided for in the aforementioned Law, without prejudice to other applicable labor, civil and/or criminal penalties.