Employers’ Obligations to Protect Workers’ Information

In order to develop a fundamental constitutional right, the Habeas Data Law (1581/2012) was passed almost one year ago. The law develops and guarantees a person’s right to know, update and correct the information held about him or her in a database. The main requirement when collecting employee information is to obtain their free, explicit, prior and informed consent, and retain a written copy of such consent. The law established the Data Protection Department within the Industry and Commerce Superintendence, which has the power to monitor employers’ databases in order to facilitate employees’ right to know, update and correct the information held about them in those databases. It also has the power to punish an employer which fails to comply with the law with a fine of up to 2,000 times the statutory monthly minimum wage (Ps1.179 billion or $612,785).

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