Do you have concerns about how employers should handle the personal data of employees? Don’t worry, we’ve got your back!

Whether through traditional paper files or (especially) digital means, employers can potentially process large amounts of personal data. In this 28th issue, we explore the right to privacy in workplaces, focusing on the main legal provisions and guidelines provided by regulators all over the world. 

A little insight from the editors: As you read through the following articles, keep in mind that compliance with privacy laws is not just a legal requirement—it can be seen also as a core value that boosts efficiency, increases transparency and ultimately ensures a better workplace for your employees and colleagues.

Don’t wait! Catch up on our latest contributions and stay abreast of the latest in personal data requirements!

If you have any questions, ask our team or send an e-mail to tmtbites.italy@dentons.com

Focus on

Europe

Automation in the workplace and the Italian Transparency Decree: the privacy perspective

Transparency and automation are among the hottest regulatory trends in 2023. You can see them as the fil-rouge underlying the various European legislative proposals on AI. In the context of employment, strengthening transparency and predictability of working conditions is the aim pursued by the European legislator with Directive (EU) no. 2019/1152 (Directive).

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Email privacy in the workplace: the Italian perspective

Attention to privacy in the employment context is growing, as is the Italian Data Protection Authority’s (Garante) involvement in clarifying the related regulatory issues.

One recurring issue brought before the Garante in the past few years involves employees’ email privacy before and after termination of the employment relationship. The Garante issued an initial overall set of instructions on March 1, 2007—Guidelines Applying to the Use of Emails and the Internet in the Employment Context—to help employers ensure that internet and email use in the workplace complies with data protection laws. Since then, the Garante has issued several decisions in this respect..

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USA

Privacy in the US workplace – a rapidly changing legal landscape

Historically, job applicants, employees and independent contractors in the United States (US) have enjoyed limited expectations of privacy as it relates to their engagement with hiring entities and employers. There is no comprehensive US data privacy law governing all 50 US states. The issue of data privacy in the workplace is therefore largely left to the 50 US states to govern. For the past several decades, data privacy within the workplace has been limited to sectoral legislation around specific issues of medical and credit related information. That legal landscape, however, is rapidly changing. New laws governing affirmative privacy rights, biometric information, and the use of artificial intelligence are sweeping the US states, granting individuals new and expanded rights in the workplace and placing expanded compliance obligations on organizations.

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Argentina

Argentina: Privacy (and technology) in the workplace

In November 2022, Argentina’s data protection authority, the Agency of Access to Public Information (AAIP), created on its website a register of data controllers for foreign entities that process the personal data of Argentine residents—the Register of Personal Databases. Consequently, foreign entities not registered locally must appoint a representative who will be responsible to the AAIP for the registration of any database that includes information of Argentinean residents. This representative will be also responsible for any modifications or cancellation of such databases.

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China

Personal information compliance in China in the context of employment

China’s Personal Information Protection Law (PIPL) was enacted on November 1, 2021. The PIPL lays down the fundamental framework for personal information protection in the People’s Republic of China (PRC), providing both principles and specific rules regulating the procedures involved in processing personal information. Hence, compliance in respect of personal information processing has become increasingly important in China.

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Common issues in users’ personal information protection for companies in China and establishing a compliance system

Influenced by Europe’s GDPR, personal information protection legislation has emerged on a global scale. Within this context, China officially promulgated the Cybersecurity Law in November 2016—the first general law in China to comprehensively regulate cyberspace security management issues and address the basic requirements on personal information protection at the legal level. In May 2020, the Civil Code of the People’s Republic of China was officially revised to explicitly list personal information and privacy within the scope of personality rights, which are basic rights enjoyed by all civil subjects (i.e. natural persons, legal persons, and unincorporated associations). Since then, the Data Security Law and the Personal Information Protection Law, enacted respectively in June and August 2021, have further improved legal protections on personal data in China.

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Some tips for processing personal data in background checks in China

Chinese employment and labor law is rather opaque regarding employer background checks on candidates/employees. The most recited legal ground for this is the last sentence of Article 8 of the Labor Contract Law of the People’s Republic of China (“LCL”), which sets out that the employer has the right to acquire the basic information of the employee that directly relates to the employment contract, and the employee is obliged to provide this truthfully.

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Brazil

A brief overview of Brazilian Law and practices to ensure employee privacy

Technology—digital solutions as well as devices—has grown over the years to become a cornerstone of the business environment. It is no longer considered a luxury in the workplace, but a necessity, irrespective of whether the business is focused on technology. Businesses look increasingly to technology to help their workers be more productive and efficient, the discussion of privacy in the workplace, which is also related to cybersecurity, becomes relevant.

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Chile

Privacy on the road: Using AI to prevent accidents in the transport industry

In January 2021, a renowned international tech company publicly announced that it would install cameras with behavioral biometric profiling technology in its transport vehicles in order to prevent accidents resulting from driver fatigue. The news was not so well received by the drivers of the distribution companies, with some immediately threatening to resign.

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Zambia

Data privacy and protection in workplaces in Zambia: A brief overview

Data Protection Act, No. 3 of 2021 (Data Act) serves as the principal governing statute for data privacy and protection in the workplace. The Data Act provides a framework for how personal data can be used and protected. Additionally, it regulates how personal data should be collected, used, transmitted, stored and processed, among other functions. It also stipulates the rights that individuals have in relation to their personal data. Furthermore, the Data Act creates the office of the Data Protection Commissioner, sets out the office’s mandate and specifies the duties of data controllers and processors. This article highlights the salient features of the Data Act, insofar as they are a framework for data privacy in the workplace.

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Other topics

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