Based on the General Data Protection Law (LGPD), the São Paulo Labor Court recognized the dismissal for just cause of a nurse who included personal data and sensitive personal data of patients in his process as procedural evidence, without the prior consent of the data subjects.
The employee filed a labor lawsuit to have his right to indirect termination of the employment contract recognized and, to this end, he attached to the case files spreadsheets from the hospital where he worked, containing patient health data.
However, in the trial of the case, the judge considered that the fact that the employee had included sensitive patient data in the records without the consent of the data subjects constitutes a serious offense, to be
punished with dismissal for just cause, given that it violated the intimacy and privacy of patients, in disagreement with the General Data Protection Law (LGPD).
