Consent
May consent be used as a legal basis for processing
worker information? (Y/N – if N, please
explain)
Yes.
Are there any specific worker data collections or
processing operations that require prior consent? (Y/N – if
Y, when is consent required)
No
Are there exceptions that will allow employers to
collect and treat workers data without consent? (Y/N – if Y,
list the exceptions)
Yes. Processing of personal data, in case of legal obligations,
will occur without specific consent.
Privacy Notice
Is the company required to provide a privacy notice to
workers? (Y/N)
No.
Does the worker privacy notice need to address security
measures?
Not necessarily. However, general regulation provides that data
controller must adopt the necessary technical and organizational
measures to guarantee the security of the information received to
prevent its loss or unauthorized use and access.
Are there any other unique disclosure requirements with
respect to the privacy notice (e.g. list data retention periods,
state legitimate bases, etc.)?
No.
Data Subject Rights
Are there data subject rights for workers? (Y/N –
if Y, please list)
Yes. Workers have the same rights as any data subject (i.e., right
of access, rectification, updating, cancellation, objection or
revocation).
What is the timeframe to respond to data subject
requests from workers?
N/A.
Are there exceptions to responding to data subject
requests from workers?
N/A.
Special Rules for Worker Information
Are there employment rules about privacy-related
discrimination (e.g., unlawful to terminate employment due to
worker submitting an access request)?
There are no specific employment rules on privacy-related
discrimination.
Are there any unique requirements for transfers of
employee information to third parties (i.e., contractual
restrictions or otherwise)?
Yes. Generic rules about transfer of personal data to third parties
are also applicable to employee information (i.e. prior knowledge
and the express consent provided in writing or another comparable
means).
Are there rules about automated decisionmaking involving
workers (e.g., hiring decisions)?
No.
Are there rules about processing sensitive information
or information about worker households or families (e.g., biometric
data, health/medical information, sexual orientation, religious
affiliation, union membership, etc.)?
No.
Are there specific security requirements for storing and
processing worker information?
No. However, general regulation provides that data controller must
adopt the necessary technical and organizational measures to
guarantee the security of the information received to prevent its
loss or unauthorized use and access.
Are there rules about using worker information for
marketing?
General rules about use of personal data for marketing is
applicable also to worker information for marketing. In relation to
this, the Supreme Decree No. 1793 establishes that marketing
communications sent by any type of providers will require consent
of the customer, furthermore, silence cannot be considered as
acceptance.
Are there rules about surveillance of
workers?
Yes, employer surveillance through cameras or other electronic
media is considered labor harrasment and is considered a breach to
labor and social laws.
Are there other specific privacy rules or issues
involving worker information (e.g., BYOD policies, monitoring
technology use, automated tracking of workers)?
No.
Government and Recourse
Is there a legislative body or government entity that
regulates employment-related privacy matters?
No.
In the event of a violation, is the recourse regulatory,
a private right of action, or other?
Both.
Expected Changes to Worker Privacy Laws:
Yes. At the moment there are two general data protection bills,
however, neither is being treated by the Legislative Assembly, it
is unlikely that a new law will be approved in the short term.
B2B Data
Is business-to-business (B2B) data treated differently
than consumer or employee data? (Y/N – If yes, please
explain).
No.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.