BUSINESS AND HUMAN RIGHTS / Šturma, Mozetic (eds)

Thus, the absence of a national law concerning the processing of personal and sensitive data of the worker cannot serve as an obstacle to their protection and defense, because the norms of the ILO are an important source of law for the Brazilian legal system. 5. The Horizontal Effects of Fundamental Rights in the Protection of Personal and Sensitive Employee Data Both the State and the private entities use intensely the flow of information and data for their operation. Otherwise, the interruption or even the questioning of this flow by citizen can lead to their exclusion of some aspect of social life, as it points Doneda. 38 In the field of labor relations, the situation is not different. With the progress of information technology, the employer has new tools to perform the treatment and processing of personal and sensitive data of workers. In consequence, the employee is increasingly vulnerable, to the extent that it is compelled to provide their personal data and, sometimes, even the sensitive data, to the employer, as a prerequisite for their effective participation in the labor market. As noted by Granja 39 such a practice is justified for the selection of candidates, for the guarantee of job security and by controlling the quality of service provided. However, sometimes these personal data are collected and processed in excess, extrapolating the purpose for which they were obtained, and violating rights and offending the dignity of the worker or candidate for the job. In this scenario, although it is recognized by the employer the need to have access to certain personal information of the employee and the duty to collect them, this does not mean full freedom as to means of doing so. However, while there is no special law in Brazil, ensuring the right to protection of personal and sensitive data of the employee in labor relations, how this right can be protected? Although in the Brazilian legal system does not have an explicit right to the protection of personal and sensitive data of workers, this does not detract from the condition of a fundamental right, because, as warns Ruaro 40 “the fundamental right to protection of personal data in Brazil implies a systematic interpretation of our legal system starting from a basic premise, the dignity of the human person, once that personal data are rights of personality.” Starting from this premise, the dignity of the human person, as provided for in Article 3, item III, of the Federal Constitution of 1988 (CF/1988), is a foundation of the Federative Republic of Brazil that represents a true interpretative and integrative, configuring general clause for the protection and promotion of the human person. 41 38 DONEDA, D. The protection of personal data as a fundamental right. Legal Space: Journal of Law , Joaçaba, 2011, v. 12, n. 2, p. 97. 39 GRANJA DE ALMEIDA, T. The challenge of protecting the personal data of the worker: the working relationship. 2016, pp. 1-2. Available at: http://direitoeti.com.br/artigos/o-desafio-da-protecao-a-os-dados- pessoais-do-trabalhador-a-relacao-de-trabalho. 40 RUARO, R. L. The tension between the fundamental right to the protection of personal data and the free market. Journal of Advanced Studies and Research of the Third Sector . Brasília, 2017, v. 4, n. 1, p. 400. 41 With respect to the principle of the dignity of the human person, Sarlet (SARLET, I. W. The effectiveness

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