Banca de DEFESA: RICARDO GALVAO DE SOUSA LINS

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
STUDENT : RICARDO GALVAO DE SOUSA LINS
DATE: 17/12/2021
TIME: 09:00
LOCAL: UFRN - PROGRAMA DE PÓS-GRADUAÇÃO EM DIREITO / Videoconferência
TITLE:

CONSENT AND PROCESSING OF PERSONAL INFORMATION OF SUBORDINATED WORKERS: AN ANALYSIS FROM THE PERSPECTIVE OF COOPERATIVE PROTECTION OF PERSONAL DATA

KEY WORDS:

Data protection. Consent. Vulnerability. Subordinate employment relationship. Compatibility.

PAGES: 170
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

The technological revolution and the emergence of the internet represented a real social revolution, which substantially altered the form of social interaction. The massive use of computers and the proliferation of portable devices connected to the network have greatly contributed to social hyperconnectivity and the increase in the flow of personal information. In this context, there is a concern with the regulation of the exploitation of personal data by both public and private entities, resulting in the emergence of international and national standards whose objective is to ensure that personal data processing operations comply with principles and rules that guarantee the data holder respect for the rights of privacy, freedom and non-discrimination. Based on the principle of informational self-determination, protective legislation, among the legal bases for the processing of personal data, provides for the provision of the holder's consent, understood as a free, unambiguous, informed expression of will and for a specific purpose. However, the question is whether, in asymmetrical relationships, there is the possibility of guaranteeing that the vulnerable person's expression of will is free, that is, whether there would be the possibility of legitimate consent. In this context, the present work has as its central issue the compatibility of the legal basis of consent for the processing of personal data in the context of subordinate work, essentially considering the principles of labor law of worker protection and the unavailability of rights. The general objective of the work is to analyze the compatibility of the legal basis of the holder's consent with the processing of personal data in the context of subordinate work, while the specific objectives are: to describe the nature of the protection of personal data, especially analyzing whether it is a right human and fundamental autonomous or mere face of privacy; demonstrate the nature of the relationship between national and international legal systems, facing how legal concepts behave in the face of new social realities, especially in the digital environment; and analyze whether the legal basis for consent is applicable to the specific context of the processing of personal data in the subordinate employment relationship. The method adopted is the inductive one: from the analysis of consent as a legal basis for the processing of personal data in a general context, it starts with the analysis of its application in a specific context (subordinate employment relationship), characterized by principles, goals and characteristics. As a result, the paper proposes that the legal basis of consent can be used in the labor context, provided that none other legal hypotheses of treatment are applicable and, also, that it is possible for the employer to demonstrate that, in addition to being specific and informed, the consent was granted freely, demonstrating that the refusal of the worker would not cause any kind of injury or retaliation.

BANKING MEMBERS:
Externo à Instituição - FÁBIO DA SILVA VEIGA
Interno - 2353000 - ELIAS JACOB DE MENEZES NETO
Presidente - 1657901 - YARA MARIA PEREIRA GURGEL