Privacy Law Survey 2021 - Uruguay

• Published date: 30 December 2021
• Subject Matter: Privacy, Data Protection, Privacy Protection
• Law Firm: Ally Law
• Author: Dr. Luis Lapique (Lapique & Santeugini) and Mauricio Santeugini (Lapique & Santeugini)

Consent

May consent be used as a legal basis for processing worker information? (Y/N - if N, please explain)

Yes.

Are there any specific worker data collections or processing operations that require prior consent? (Y/N - if Y, when is consent required)

Yes. Pursuant to Personal Data Act, data relating the employee's health requires his/her prior, written and express consent.

Are there exceptions that will allow employers to collect and treat workers data without consent? (Y/N - if Y, list the exceptions)

Yes. As indicated in Act No. 18,331, employers may treat employees' data without employees' consent provided it is not classified as sensible information.

Privacy Notice

Is the company required to provide a privacy notice to workers? (Y/N)

Yes.

Does the worker privacy notice need to address security measures?

Not necessarily. Security measures at work are mandatory by the Safety and Health Act, and its corresponding regulatory decrees (such as decree 291/007) but there is no legal obligation to include them in the privacy notice to workers.

Are there any other unique disclosure requirements with respect to the privacy notice (e.g. list data retention periods, state legitimate bases, etc.)?

Yes. Employees must be informed about the address, name of who will handle the data (in this case, the employer), the purposes for which the data is provided.

Data Subject Rights

Are there data subject rights for workers? (Y/N - if Y, please list)

Yes. Workers have the same rights as any data subject (i.e. access, rectification, deletion, and inclusion of personal data to which the employee is entitled). In addition, workers have the right to not be subject to personal evaluations that affect him/her.

What is the timeframe to respond to data subject requests from workers?

In case of a worker's requests to access, rectify, update, include, delete personal data the timeframe is 5 working days (Section 14 of Act No. 18,331).

Are there exceptions to responding to data subject requests from workers?

Yes. Requests may be denied when the data relates to third parties or could endanger the defense of the Sate or public safety (Section 14 and 26).

Special Rules for Worker Information

Are there employment rules about privacy-related discrimination (e.g., unlawful to terminate employment due to worker submitting an access request)?

There are no specific employment rules about privacy related discrimination.

Are there any unique requirements for transfers of employee information to...