[globalsouthdata] Data Privacy Brasil's new report on platform work

[Rafael Zanatta]

 Dear friends of the Global South,

We are writing to let you know that Data Privacy Brasil launched on March
20th the report “Emerging trends in the regulation of work on platforms in
Brazil”.
<https://www.dataprivacybr.org/en/emerging-trends-in-the-regulation-of-platform-work-in-brazil-a-preliminary-report/>
The report presents an exploratory research about the struggles to regulate
platform work in Brazil, with emphasis on two processes: the Working Group
set up by President Lula in 2023 and the Draft Bill presented by the
federal government in 2024.

Based on interviews with the participants of the Working Group and insights
gathered through Data Privacy Brasil’s monitoring of the government’s
platformed work agenda, the report identifies three key regulatory trends.

Firstly, there is a notable governmental effort to navigate towards a
middle ground for ensuring decent work standards without rigid adherence to
traditional “registered worker” models established in mid-20th-century
Brazilian labor legislation. This represents a significant departure from
historical norms, particularly given the emphasis on classic labor rights
historically championed by the Workers’ Party. This shift reflects a
willingness to adapt old convictions and embrace new legal frameworks
conducive to promoting “decent work”, which is part of the G20 agenda in
2024.

Secondly, a major focus lies on addressing the intricacies of pension
system organization within the context of platform work. Central to this
concern is the issue of non-contributions to the National Social Security
Institute (INSS), presenting a significant tax challenge. While the
government acknowledges the distinct nature of this market, there is a
pressing need for equitable tax arrangements to ensure the sustainability
of social policies rooted in redistributive principles.

Thirdly, there is a critical recognition of the importance of safeguarding
fundamental rights in the face of automated decision-making and algorithmic
management prevalent in platform work environments. The elusive nature of
traditional “boss’s orders” in this setting, often concealed within
mathematical algorithms and automated management systems, poses unique
challenges. The new Draft Bill defines that platform workers are
self-employed workers on a platform. It also separates two wheel drivers
and four wheel drivers, guaranteeing social rights of collective
negotiation only for the four wheel drivers.

Considering the centrality of the decent work agenda for the Lula
government and the growing overlap with digital rights issues (algorithmic
management, due process on platforms, rights to contest, community
management of personal data), we hope that there will be a deeper and more
significant combination (or interplay) of this agenda in the coming years.
The document also addresses the need for more empirical studies on the harm
suffered by workers in algorithmic management processes and the
difficulties in defending their fundamental rights in relation to data.
According to the report, philanthropic entities, research centers, and
civil society organizations (in the field of work and in the field of
fundamental rights) should promote more exchanges of knowledge and
strategies to think about the future of decent work in markets mediated by
data and digital platforms.

The report is now available for reading; access the file here
<https://www.dataprivacybr.org/wp-content/uploads/2024/03/regulation-of-platform-work_bydataprivacybrasil.pdf>
.

All the best,

Rafael, Bruno & Mariana
*Data Privacy Brasil*


-- 


Rafael Zanatta

Diretor

Director

Cel. +55 11 945 915 445

<https://www.dataprivacybr.org/>
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