O direito fundamental à proteção de dados pessoais e o devido processo informacional: salvaguardas ao projeto de vida do trabalhador

Abstract

Recent advances in information and communication technologies have led to a significant increase in cases of personal data processing, and, consequently, in cases of irregular treatment of such data. These irregularities may cause injuries to the data subject – this is because personal data is a representation of the human being in the social environment and the protection of personal data is a personality right, protect by the general theory of damage. In this scenario, it is important to investigate the possibility (or even the impossibility) of damage to the life project configuration in case of non-compliance with the clause of informational due process privacy right established by the General Data Protection Law, mainly in the scope of labor relations. For the analysis of this question, however, some assumptions needed to be established throughout the research, such as: a) the conceptualization of damage to the life project and its hypotheses of application; b) the system functioning of civil liability in the context of the processing of personal data; c) when there is irregular processing of personal data and, consequently, the non-compliance with due process privacy right; d) which cases of irregular processing of personal data may harm the worker's life project; e) which data with irregular treatment can generate this damage to the life project – if all personal data or if only sensitive personal data. In addition, some specific objectives were outlined to strengthen the main issue: information about the right to privacy and the right to data protection was presented on, as well as an in-depth study on due legal process and informational due process privacy right, investigating the application of these clauses in the private sphere, mainly in cases of labor relations. Regarding the methodology, the critical-methodological line and the legal-dogmatic line were used, because the internal elements and structures of the Brazilian legal system were taken into account in a problematical way. In addition, the research was based on the review of national and foreign literature, on the survey of judicial decisions of the Superior Courts and the Inter-American Court of Human Rights, using the research tools of jurisprudence of the respective Courts with random sampling, and on the first administrative decision issued by the National Data Protection Authority.