A responsabilidade civil do empregador diante da compartilhação indevida dos dados sobre saúde dos trabalhadores captados na vigência do contrato de trabalho

Abstract

As a way of mitigating employee vulnerability, the legislation classifies as sensitive some data relating to the worker and determines that a strict procedure for its treatment. Therefore, this research analyzes the impacts of processing personal data sensitive, related to employee health in the business environment, having against the background of Law 13.709/2018, which regulated the processing of data personnel in Brazil. This, considering the sensitivity of the data, specifically those linked to worker health. This opportunity. emphasis will be placed on the right fundamental to privacy, especially with regard to the processing of data sensitive. As a way of seeking the effectiveness of such a fundamental right, this research advances towards understanding whether there is an employer's responsibility to ensure the protection of sensitive data linked to the employer and whether there is responsibility on the part of the employer to ensure data protection employee sensitive.