What security obligations are imposed on data controllers and data processors?
Security requirements may not always be included in the data protection law, but are key to guaranteeing lawful processing of personal data. The entity processing the data must take all useful precautions with respect to the nature of the data and the risk presented by the processing, to preserve the security of the data and prevent alteration, corruption or access by unauthorized third parties. Appropriate technical and organizational measures should be implemented to ensure a level of security appropriate to the risk.
Brazil’s Internet Law sets a few basic security requirements. These requirements are further specified by the related Decree (8,771/2016, Chapter 3). When handling personal employee data, recruiting data, and communications, employers should consider the following as a best practice:
- Limit who can access personal data and private communications, and develop mechanisms to authenticate individuals (and prevent unauthorized access).
- Protect data through measures such as encryption.
- Use detailed access logs which track the records accessed, the time and duration of access and the identity of the individual who viewed/modified data.
In addition, the new General Data Privacy Law, going into effect in August 2020, requires that those who process personal data adopt security, technical and administrative measures to protect personal information from unauthorized access, accidental or unlawful destruction/loss/alteration/communication or other unlawful processing. More detailed rules may be provided prior to the Law going into effect.
HR Best Practices: Employers in Brazil should follow the Constitutional requirement to protect the privacy, private life, honor and image of employees.
Regularly review personal information that you maintain for your employees and take all reasonable measures to protect personal information, such as limiting access to data and training employees on security measures.