Privacy Law Survey 2021 - Peru

Consent

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

Yes.

Are there any specific worker data collections or processing operations that require prior consent? (Y/N – if Y, when is consent required)

Yes. The data not necessary for the execution of the contract must be provided with the prior consent of the workers. Similarly, the data required for purposes other than the execution of the contract.
There are court rulings that establish that the employer may only check the worker's email if a judge orders it or the worker himself consents.

Are there exceptions that will allow employers to collect and treat workers data without consent? (Y/N – if Y, list the exceptions)