A ir(relevância) do consentimento como fator de legitimação do tratamento de dados do trabalhador

Abstract

A worker, before being a worker, is a human being in need of protection under the legal system. In this sense, the object of this study is to analyze the means of protection and the legality factors necessary for the processing of data on the worker's natural person within the scope of a legal relationship. To do so, we begin by analyzing the entire European regulatory framework, with a special focus on the importance that the RGPD exerts on employment relationships. In addition, an analysis of the principles and rights applicable to the matter is carried out, and an articulated study between norms and principles, real problem situations and the jurisprudential perspective is promoted. Finally, it is concluded that consent is not, in itself, a valid legal basis for the indiscriminate processing of worker data and that the legal framework can be alternated and incident on different grounds, based on hermeneutical criteria.

Date of Award	15 Feb 2022
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	João Leal Amado (Supervisor)