BUSINESS AND HUMAN RIGHTS / Šturma, Mozetic (eds)

of the individual about himself, that does not affect nor interest anybody else than the individual himself, and with who he wants to share it freely.” Despite this, as highlighted by Doneda, 24 the mere prohibition of collection and processing of sensitive data proves impracticable, because many times the use of these data is legitimate and necessary. 25 Thus, it is necessary to ensure protection of personal and sensitive data, because, as Rodotà warns: “we should not tolerate that a given data is used to transform an individual into an object under constant surveillance.” 26 4. The (No)Protection of Personal and Sensitive Employee Data As previously mentioned, the Brazilian legal system does not have a specific legislation concerning the protection of personal data, nor of sensitive data. However, with the broadening and deepening of the technology applied for the treatment of these data, it is imperative the development of a law on the subject. In Brazil, in 2014, we had the edition of Law nº. 12.965/2014, known as the Civil Internet Framework, which establishes principles, guarantees, rights and obligations for the use of the Internet in Brazil. In accordance with its Article 3, item III, the use of the Internet in Brazil will be governed by the principle of protection of personal data, in the form of law. However, until the present moment the regulatory law has not yet been adopted. Currently, we have some projects of law that are being processed in the Brazilian National Congress about the protection of personal data: Project of Law nº. 5276/2016, the Senate Project of Law nº. 330/2013 and Project of Law nº. 4060/2012. 27 Despite that, in view of the political scenario, experts consulted by the Folha de São Paulo believe that a general law of data protection should be approved in Brazil only at the end of 2018, or in 2019. 28 24 DONEDA, D. From privacy protection of personal data . Rio de Janeiro: Renovar, 2006, p. 163. 25 The author illustrates the case of the research of scientific character or even the medical activity, for which the importance of working with all possible data, including sensitive, is paramount. (DONEDA, 2006, p. 163). 26 RODOTÁ, S. Life in the surveillance society. Rio de Janeiro: Renovar, 2008, p. 19. 27 The Project of Law nº. 5276/2016 was established by the Ministry of Justice, in the framework of the National Secretariat for Consumer Protection, from various online public consultations involving companies, governments and organized civil society. It is a more robust design that addresses the consent, the international transfer of data and a competent body to deal with the issue. Currently, this project is attached to the Project of Law nº. 4060/2012. The Senate Project of Law nº. 330/2013 establishes guarantees more striking data protection of citizens, discusses in more detail every aspect of the processing of personal data, and considers the consent ”free, express, unambiguous and informed” as required for the processing of personal data. Finally, the Project of Law nº. 4060/2012 is the oldest and least protective of individual rights. The text of the project is very problematic, because it allows the processing of personal data without the due authorizations of their holders or guarantees in the transfer and security of those data. 28 HERNANDES, R. Brazil should have data protection law only in late of 2018, experts say. Folha de S. Paulo , São Paulo, 24 Dec. 2017. Available at: http://www1.folha.uol.com.br/tec/2017/12/1945134- brasil-deve-ter-lei-de-protecao-de-dados-so-no-fim- of-2018-dizem-especialistas.shtml.

230