Data protection and use of technology in worker monitoring: from the Portuguese experience to projections in Brazil

Célio Pereira Oliveira Neto

Keywords

Data protection; remote surveillance; geolocation; monitoring; e-mail; proportionality.

Abstract

Based on the evidence that Portuguese law is more structured in the face of a culture of personal data protection, including in the field of labor relations, this experience is based on an analysis, trough bibliographical research of Portuguese doctrine, legislation and jurisprudence, directives and recommendations of the Federal Union, in addition to judgments that marked important positions in the scope of the European Court of Human Rights, proposing a reflection, sometimes comparative, regarding the use of technologies, sometimes ambivalent – because they represent, at the same time, an instrument of work and control – which allow remote surveillance, geolocation and monitoring of electronic mail and their impacts on the rights to privacy and intimacy, especially with regard to the protection of the worker's personal data, analyzing the current moment of doctrine and jurisprudence, in order to draw projections and present paths regarding the use of these technologies in the light of the General Data Protection Law in Brazil in the field of labor relations.