In the context of International Women’s Day, we invite you to read the column written by our Labor Group Director, Jocelyn Aros, on gender gaps in the protection of personal data in labor relations.
Whether we like it or not, every March 8th it becomes customary to talk about wage gaps, (low) female participation in leadership positions within organizations, or the difficulties women face in balancing work and family life. However, there is a dimension of gender inequality in the world of work that has remained more or less invisible and that relates to the way in which workers’ personal data is collected, used, and protected.
Currently in Chile, the debate on personal data protection has taken on special relevance with the imminent entry into force of the data protection law that seeks to modernize the existing regulatory framework and, certainly, strengthen control over the use of personal information. However, in the workplace, this challenge takes on particular characteristics due to the nature of the employment relationship, given the link between subordination and dependence.
Therefore, the challenge for companies is that they must not only worry about formally complying with data protection regulations, but also critically and thoroughly review their internal practices. What information is actually collected? Is it necessary for the development of the employment relationship? Who has access to it? How is its confidentiality protected?
It is a fact, then, that companies manage an enormous amount of information about their employees, which is not limited to contractual background or basic information for completing an employment contract. In practice, companies manage resumes, performance evaluations, medical leave records, attendance records, occupational health records, internal investigations, and even biometric or geolocation data associated with technological devices, among many other things, which certainly generates increasingly extensive and complex databases on the working lives of employees.
In other words, the obligation to collect and process information does not end with the signing of the contract, but extends from recruitment and selection to the end of the employment relationship. Even after the employment relationship has ended, because some documents must be kept for at least five years.
The issue is that this data is not neutral. Its use, storage, collection, and utilization can have different impacts depending on the context and characteristics of each worker, and from a gender perspective, this takes on special relevance.
Women, for example, are often more exposed to the processing of sensitive data related to their reproductive health, maternity, marital status, family care, among others. This includes information related to pregnancy, pre- and post-natal medical leave, illnesses associated with their children, among others. Let us not forget that there had to be a labor law prohibiting employers from conditioning the hiring of female workers, their continued employment or contract renewal, or promotion or mobility in their job, on the absence or existence of pregnancy, thus ruling out the possibility of requiring pregnancy tests or certificates.
That being the case, the truth is that such information can certainly be recorded in multiple systems within companies. Therefore, if there are no robust guidelines regarding its protection and confidentiality, this information could eventually end up indirectly influencing employment decisions, performance evaluations, or career projections for women within companies.
As if that were not enough, there is another particularly sensitive area related to the reporting and internal investigation of workplace or sexual harassment under the Karin Law. In these cases, given the specific regulations of this law, the information gathered during investigations often includes testimonies, private communications, and details of situations that are highly sensitive for the people involved. Thus, improper management of this data can not only affect the privacy of those who report, but also generate risks of exposure, stigmatization, or revictimization, which does have a gender dimension, given that in most cases it is women who most often report these types of issues, according to data published by the Labor Directorate.
Given the above, it is clear that the protection of personal data in the workplace is no longer a purely administrative or formal matter, but has become a key tool for ensuring gender equality within organizations.
It is everyone’s responsibility to move towards more equitable work environments, which therefore requires looking at how data is managed within companies. The protection of personal information is not only a matter of regulatory compliance, it is also a fundamental aspect of protecting labor rights and building fairer workplaces.
Column written by:
Jocelyn Aros | Labor Group Director | jaros@az.cl
