BUSINESS AND HUMAN RIGHTS / Šturma, Mozetic (eds)

signed in June 2003, in Guatemala, the Declaration of La Antigua , which created the Ibero-American Network of Data Protection. Still in the same year, in November, they signed the Declaration of Santa Cruz de la Sierra , Bolivia, which recognized, expressly, the fundamental right to protection of personal data. 35 From the above regulations, it is possible to realize a clear concern in the international framework to ensure an adequate level of protection for personal data, which are considered essential for the respect of the human person and fundamental freedoms. So, in the framework of labor relations, in which the degree under-sufficiency of employee is even greater, how to protect your personal and sensitive data? Concerned with this issue, in 1996 the International Labor Organization (ILO) adopted the Repertoire of Practical Recommendations 36 on the Protection of Personal Data of workers. But, already in the preface, the Repertoire of Recommendations of the ILO informs that it is not mandatory, limiting itself to make recommendations, to the extent that does not supersede national legislation, regulations, international labor standards or other standards acceptable. However, although absent the binding character, of recommendations the Brazilian legal system lacks a specific regulatory regime for the employment sector regarding the treatment of the personal data of workers. Apparently Brazil being one of the members of the ILO, international standards issued by it constitute an important tool for realization of the Social Right. In this sense, the Statement nº 03 of the 1st Conference on Material and Procedural Law of Labor Justice establishes in the item I that even the ILO Conventions not ratified by Brazil can be applied as sources of labor law, in case there is no rule of domestic law regulating the matter. It occurs that in the framework of the ILO there is no Convention dealing with the subject of the protection of personal and sensitive data of workers, with only the aforementioned Recommendation. In this sense, the item II of the Statement nº 03 reinforces the understanding that the recommendations should serve as a source of interpretation, as well as strengthen judicial decisions. 37 35 IBERO-AMERICAN DATA PROTECTION NETWORK. Report 2016: Data protection for minors . Madrid: Trama Editorial, 2017. Available at: http://www.redipd.es/documentacion/otrosdocumentos/ common/Primer_informe_Red_Iberoamericana_de_Proteccion_de_Datos.pdf. 36 INTERNATIONAL LABOR ORGANIZATION. Repertoire of Practical Recommendations of ILO . Available at: http://www.ilo.org/wcmsp5/groups/public/---ed_protect/---protrav/---safework/documents/ normativeinstrument/wcms_112625.pdf. 37 STATEMENT Nº. 3. SOURCES OF LAW – INTERNATIONAL STANDARDS. I – SOURCES OF LABOR LAW. COMPARATIVE LAW. ILO CONVENTIONS NOT RATIFIED BY BRAZIL. The Comparative Law, according to Art. 8º of the Consolidation of Labor Laws, is a subsidiary source of Labor Law. Thus, the Conventions of the International Labor Organization not ratified by Brazil can be applied as sources of labor law, in case there is no rule of domestic law governing the matter. II – THE SOURCES OF LABOR LAW. COMPARATIVE LAW. THE ILO CONVENTIONS AND RECOMMENDATIONS. The use of international standards, issued by the International Labor Organization, it constitutes an important tool for realization of Social Right and is not restricted to the direct application of conventions ratified by the country. The other ILO standards, such as the Conventions not ratified and Recommendations, as well as the reports of its experts, should serve as a source of interpretation of national law and as a reference to strengthen judicial decisions based on domestic legislation.

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