The advancement of monitoring technologies and the rise of external work activities have brought a new challenge to labor law: how to balance the use of digital data with the right to privacy?

The Superior Labor Court (TST) took a decisive step in this debate by authorizing the use of geolocation data as evidence in labor lawsuits concerning overtime, provided that explicit data protection safeguards are observed.

The decision, reported by Justice Douglas Alencar Rodrigues, stemmed from two landmark cases — one involving a Sanofi Medley sales representative and the other an Itaú Unibanco bank employee — and establishes a precedent that is expected to impact thousands of cases across the country.

The TST recognized that, in light of technological transformations and the reality of hybrid and external work, geolocation data constitutes legitimate and precise digital evidence. However, the court clearly set strict boundaries to prevent misuse:

• Data may only be used for the period of the employment contract;
• It must cover only the times and days reported by the parties;
• The information must remain under judicial confidentiality, accessible only to those involved in the case.

This stance demonstrates that the production of digital evidence can coexist with privacy protection, as long as it follows the principles of necessity, proportionality, and purpose established by Brazil’s General Data Protection Law (LGPD).

From a business perspective, the decision has immediate practical implications:

• Companies gain a legitimate defense tool, especially in sectors with field teams or complex time-tracking systems.
• Employees also benefit, as geolocation data can prove excessive working hours and secure their rights.

More than a legal precedent, the TST signals a cultural shift: technology should serve justice — without violating privacy.
This new frontier demands that companies adopt labor data governance policies, review employment contracts, and train HR and compliance teams for the ethical and responsible use of such information.

In today’s environment, data protection maturity is no longer a competitive advantage — it has become an essential condition for legal and reputational security.