BUSINESS AND HUMAN RIGHTS / Šturma, Mozetic (eds)

At the national level, we have the Project of Law nº. 5276/2016, 17 which defines personal data as that “data related to the natural person identified or identifiable, including identification numbers, locational data or electronic identifiers when these are related to a person.” 18 Regarding sensitive data, the mentioned Project of Law identifies as being those on “racial or ethnic origin, religious beliefs, political opinions, the membership of the trade unions or organizations of a religious, philosophical or political character, data concerning health or sex life and genetic or biometrics data.” 19 Having presented the definitions of normative nature, we pass to the notes of the doctrine. At the conceptual level, some authors, among them Chehab, 20 frame the personal data “in stages or in the spheres that compose the privacy”, while the “sensitive data have an affect on the sphere of privacy”. For Chehab, precisely because of the sensitive data relate to racial or ethnic origin of the person, to their political opinions, philosophical or religious beliefs, their health and sexual choice is that they have a greater potential to cause offense to fundamental rights. Thus, within the personal data, there is a group that deserves a special protection, which are the so-called sensitive data, which carry information that, if known or processed, would have a “high potential harmful to their holders”, as points Doneda. 21 However, the author notes that: “[…] Even data not qualified as sensitive, when subjected to a particular treatment, can reveal aspects of the personality of someone, may lead to discriminatory practices. That argument leads, in summary, to conclude that a given, in itself, is not dangerous or discriminatory – but the use made of it can be”. In relation to the theme, sharing this vision, Simon 22 points to the fact that “the crossroads of news gives rise to new forms of aggression to the public liberties because the citizen registered in a given database is constantly monitored, which affects, in a straightforward way, more sensitive aspects of their privacy and private life.” Apparently in the lessons of Martínez Bullé Goyri with respect to this group of “susceptible or sensitive information”, people should not have access without the consent of the right holder. 23 This is because, for the author, in all of this information is the so- called “hard core of privacy”, because his knowledge “corresponds to the very concept 17 The Project of Law nº. 5276/2016, that disposes on the treatment of personal data for the warranty of the free development of the personality and the dignity of the natural person, was joined to the Project of Law nº. 4060/2012, which disposes on the treatment of personal data, and gives other providences. 18 Article 5, item I, of Project of Law nº. 5276/2016. 19 Article 5, item II, of Project of Law nº. 5276/2016. 20 CHEHAB, G. C. Privacy threatened with death: challenges to the protection of personal data in the employment relationship through the use of information technology . São Paulo: LTr, 2015, p. 61-62. 21 DONEDA, D. From privacy protection of personal data . Rio de Janeiro: Renovar, 2006, p. 161-162. 22 SIMÓN, S. The constitutional protection of the intimacy and private life of the employee . São Paulo: LTr, 2000, p. 162. 23 Cf. AMARAL, Júlio Ricardo de Paula. Effectiveness of fundamental rights in labor relations. 2. ed. São Paulo: LTr, 2007.

229