Discriminação no trabalho a partir do tratamento de dados pessoais: possibilidades para a mitigação dos riscos

Abstract

The advent of the fourth industrial revolution gave rise to the information society, in which personal data is considered the main input for economic activity. In this scenario, profound transformations are being promoted in society and relationships, including employment relationships. Despite all the revolution and advances provided by technology, significant risks are also present, especially related to the processing of personal data and personality rights. Data processing has undeniable discriminatory potential, especially due to the use of algorithms and automated decision-making. These resources are increasingly being used in hiring processes and in the management of human work, reproducing more efficiently the discrimination present in the social fabric, particularly when caring for vulnerable groups. Therefore, scientific research on the subject is of great relevance, as, in general, individuals do not have knowledge about the implications arising from the processing of their personal data, which are made available in exchange for small benefits, such as the use of e -free emails, from step counting apps, or storing photos in the cloud. And, even if that weren't the case, personal data is being captured at every “step” taken in everyday life. However, little is known or discussed about the implications of this reality, especially when discrimination at work is involved. In this sense, the investigation based on bibliographical and documentary research aims to present the main hypotheses of discrimination at work and investigate the protection mechanisms provided for in the LGPD, which can contribute to mitigating discrimination and segregation of vulnerable groups, in particular, women and the black population, as well as other instruments that can be used for this purpose, allowed us to conclude that the entry into force of the LGPD, compliance programs, privacy by design, and the actions of unions are powerful instruments against discrimination, but which will produce better results with education and the construction of a culture of data protection, in addition to ethical action by society as a whole.