TITLE:
Data Protection and AI-Based Employee Monitoring: Legal Boundaries under Brazil’s LGPD
AUTHORS:
Alexandre Pacheco da Silva, Carolina Britski Puga, Olívia de Quintana Figueiredo Pasqualeto
KEYWORDS:
Artificial Intelligence, People Analytics, Employee Monitoring, HR Techs, LGPD
JOURNAL NAME:
Beijing Law Review,
Vol.16 No.4,
December
9,
2025
ABSTRACT: This article provides an overview of how artificial intelligence (AI) is used to monitor employees in Brazilian companies, utilizing People Analytics tools. It analyzes HR Techs operating in Brazil to explore how the monitoring service is provided, the types of employee data collected, and the purposes of such collection. We aim to comprehend the potential hazards and boundaries of employee monitoring in Brazil under the General Personal Data Protection Act (LGPD). The incorporation of AI into monitoring tools has elevated the capability to evaluate employee conduct significantly due to the vast amount of data that is processed. Although employee monitoring is not new, the AI analysis component introduces new considerations for the preservation of individual data rights. In the age of big data, where personal information holds immense value for corporations, it is imperative to facilitate conversations around the boundaries of data processing in various sectors, taking into account the potential infringement of employees’ privacy—particularly in remote work scenarios. The objective of this study is to evaluate how Brazilian legislation has reacted to this situation and to comprehend its limitations.