On January 20, 2021, Teleworking Law No. 27,555 (“Teleworking Law”) was regulated by Decree 27/2021 of the General Directorate of Legal Affairs of the Ministry of Labor, Employment, and Social Security (the “Decree”). In this regard, Article 2 of the Decree established that the Agency for Access to Public Information (“AAIP”)—the enforcement authority for Personal Data Protection Law No. 25,326 (“LPDP”) – to issue complementary and clarifying rules for the provisions of Article 16 of the Teleworking Law, taking into account the provisions of the LPDP.
It should be noted that Article 16 of the Telework Law establishes that employers must take the appropriate measures (especially in terms of software) to ensure the protection of personal data used and processed by employees who work remotely for professional purposes, so that surveillance software that violates their privacy cannot be used.
In summary, the AAIP will be responsible for issuing the appropriate regulations to ensure compliance with the protection of personal data of employees who work remotely.
