/ Labor Protection Claims in Personal Data Protection

In recent years, there has been a noticeable increase in labor protection claims related to the violation of Article 19 No. 4 of the Political Constitution of the Republic, which establishes the protection of personal data. Companies do not need to wait for the approval of the bill modifying Law 19,628 on privacy protection to evaluate their processing of personal and sensitive data of their workers.

Maria Ignacia Ormeño Sarralde
Associate Attorney

Labor protection claims address issues in employment relationships that affect certain fundamental rights of workers. In 2018, the Political Constitution of the Republic incorporated the respect and protection of personal data into this catalog of rights.

While case law on labor protection claims for violation of personal data protection is recent, it is not scarce. Below, we review the grounds for some notable cases.

In March 2002, an employee of a supermarket chain filed a claim against her employer. She was summoned by the branch manager to explain her use of a discount benefit provided to workers and their family members. The manager pointed out that the monthly amounts of her purchases (using the benefit) were not consistent with her remuneration. The employee claimed that the employer had accessed information regarding the monthly amounts of her purchases and the different means of payment she had used. The employer argued that it had access to this information through an “Alert Report” generated by the auditing area every two months when an employee’s behavior varied.

The court ruled that data constituting personal data of workers should be removed from the alert report. The court emphasized that the company’s control through the alert reports constituted an intrusion and interference in the private life of workers. There was no legal or regulatory basis for analyzing the purchasing behavior or indebtedness level of workers, even if linked to a company benefit (RIT T-109-2021).

In October 2023, a complaint was filed by a worker in another supermarket chain. The complaint centered on the fact that customer receipt displayed the full name and ID number of the supermarket cashier, along with the name of the treasurer or sales room operator in charge.

The judgment that upheld the labor protection claim stated: “There is not sufficient justification for processing personal data without the workers’ consent by including their data on receipts. This data processing is done without the workers’ consent, which should have been granted per the rules in Law No. 19,628. This law requires that consent be express, in writing, and that the person authorizing it be duly informed of the purpose of their data storage and its potential public communication”. The supermarket chain was ordered to cease this practice immediately (RIT T-63-2023).

It is crucial for companies to evaluate their processing of personal and sensitive data of their workers. The risk is present now, and exposure is high, given the purpose of this data processing. Waiting for the approval of the bill modifying Law 19,628 is unnecessary.