El Derecho a la intimidad y protección de datos del trabajador en el ámbito laboral frente a la utilización de sistemas de vigilancia empresarial

Abstract

In recent years, several issues related with surveillance systems at work have emerged, mainly due to the violation of fundamental rights of workers. This situation has generated a debate about the limits that employers would have without abusing their power. Currently, the use of communication media is widespread in many areas, which has also been used by companies to control their workers; but for the implementation of these methods, employers should establish rules of use previously, and workers should be informed that they will be controlled and what will be the methods that employers will apply to assure the correct job performance. The use of these methods should be left when strictly necessary. Indeed, one of the obligations assumed by workers is to perform the work in the terms of the work contract; however, at the workplace there are not only work related tasks, but also personal related activities, and thus there are personal rights that may be affected if the employer invades illegitimately them with the excuse of a control and surveillance of their workers. Two of these rights that may be threatened in the workplace are privacy and personal data of the worker. Therefore, it is important to define the limits that separate the power of control in workers' activities of their fundamental rights such as privacy and the protection of their personal data.