ARTICLE · 16 DECEMBER 2021

Privacy Law Survey 2021 - Brazil

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As concerns about worker data privacy have grown across Latin America, so has the definition of "worker"; past, current, and potential employees and contractors may now be covered by a country's labor, employment and data-security regulations.

BrazilPrivacy

Denise Junqueira (Cascione, Pulino & Boulos Advogados)

Luiz Eduardo Corradini (Cascione, Pulino & Boulos Advogados)

Consent

May consent be used as a legal basis for processing worker information? (Y/N – if N, please explain)

Yes. In theory and depending on the circumstances of the processing activity, consent could be used as a legal basis to process employee personal data.

However, the use of consent in employment relationships may be challenged, since the ""freely-given"" aspect may not be met due to the subordination status between employee and employer. As a result, employer may rely on other legal basis to process personal data in compliance with the LGPD, such as compliance with legal or regulatory obligations, performance of a contract , regular exercises of rights and legitimate interest.

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