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Court Upholds Terminated Nurse’s Breach of Privacy Claim

PRIVACY LAW—BRAZIL

July 26, 2012

Attorneys Ana Mesquita Barros and Carolina Spada of Mesquita Barros Advogados report on a case involving an intensive care unit (ICU) nurse who posted to her social networking page “inappropriate” photographs taken inside the ICU facility and elsewhere. Upon the nurse’s subsequent termination, she filed a lawsuit claiming breach of privacy because her termination was based on pictures obtained on a social network. The Labour Court ruled in her favor. “In all cases, a balance must be found between the employer’s right to conduct its activity and the employee’s right to protect his or her privacy and honor, with analysis being made on an individual basis,” the authors opine. (Registration may be required to access this article.)
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