BUSINESS AND HUMAN RIGHTS / Šturma, Mozetic (eds)

constantly available and fully usable, and can be freely combined and used for multiple purposes, such as highlights Sanden. 7 It so happens that the transit of these information on the legal relationship of employment, marked by the subordination of the employee, without any kind of protection, can signify a greater risk of lesion to the rights of personality of the worker. It is worth remembering that at all stages of the employment contract, the employee information are handled by the employer or by its agents, which requires the observance of care necessary for the preservation of private life, of privacy, the image and the honor, under penalty of represent undeniable threat to fundamental rights. So, for the employees, this increment provided by new technologies brought real risks and potentials, to the extent that the information system imposes on them a constant supervision. Among the risks, Sanden 8 warns that: […] Information about the employee may be incorrect or misleading, consolidated form may be collected without your knowledge, including sensitive personal data, and can be used for a purpose different from the originally planned to be collected. In addition, there is the possibility of the personal data being transmitted to third parties without the knowledge of the employee or without legal or contract authorization. Another danger is that the employer’s decisions are being taken by fully automated processes. Sharing of similar concern, Danilo Doneda 9 defends the need to establish mechanisms that allow the person, in this case, the employee, have knowledge and control over his own data, which represent direct expression of his own personality. Still, according to the author, “the protection of personal data is considered in various legal systems as an essential instrument for the protection of the human person and as a fundamental right.” 7 An example of the bad use of the informations, Sanden (SANDEN MOREIRA DE SOUZA, A.F. The protection of personal data of employees in Brazilian law: a study on the limits on the obtaining and use by the employer of the information related to the employee. Sao Paulo: LTr, 2014, p. 23-24) mentions a concrete case happened in the years 1990s with a company in Bavaria, Germany. In this case, the company intended to reduce the number of employees without obtaining the approval of Council of the Company. Using data collected in the personnel administration system (address, age, family situation), the company extinguished the bus connection it offered to its employees to a remote residential area. With the information obtained in its system, the company verified that the line served mainly employees who were young mothers. The extinction of the connection was aimed at forcing these young mothers to resign, because without the ease of transportation, they would not be able to combine employment with family obligations. As it would be the employees themselves who would demand the termination of contract, the company would avoid the intervention of the Council of the Company. Although no lawsuit was filed in this case, the public awareness of the potential misuse of information contained in personnel management systems has increased in Germany. 8 SANDEN MOREIRA DE SOUZA, A. F. The protection of personal data of employees in Brazilian law: a study on the limits on the obtaining and use by the employer of the information related to the employee. Sao Paulo: LTr, 2014, p. 26. 9 DONEDA, D. The protection of personal data as a fundamental right. Espaço Jurídico : Journal of Law , Joaçaba, 2011, v. 12, n. 2, p. 92.

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