The Constitutional Court endorses the employer's access to corporate email provided to the worker
18/05/2016
It will be possible to access the worker's email without having previously informed him if this is stipulated in the Collective Agreement of the Sector
A new Constitutional Court Judgment endorses the employer's access to the worker's corporate email, without requiring prior information , provided that said information is contemplated in the Collective Agreement of the Sector.
In order not to fall into this type of conflict, from Peraza Consultores we recommend that you previously inform the workers of your company who have been provided with computer tools such as desktop computers, laptops, emails, mobile phones, etc., of the protocols or instructions on the limits and conditions of use of the same, as well as those related to the installation of software without the prior consent of the company, a requirement derived from the Supreme Court Judgment of September 26, 2007, always respecting the limit of proportionality.
"For this reason, what the company must do in accordance with the requirements of good faith is to previously establish the rules for the use of these means -with the application of absolute or partial prohibitions- and inform the workers that there will be control and of the means that must be applied in order to verify the correctness of the uses, as well as the measures that must be adopted, where appropriate, to guarantee the effective labor use of the means when necessary, without prejudice to the possible application of other measures of a specific nature. preventive, such as the exclusion of certain connections. In this way, if the medium is used for private uses against these prohibitions and with knowledge of the controls and applicable measures, it cannot be understood that, when the control is carried out, it has been violated " a reasonable expectation of privacy."
Source: El País, Constitutional Court, Supreme Court
A new Constitutional Court Judgment endorses the employer's access to the worker's corporate email, without requiring prior information , provided that said information is contemplated in the Collective Agreement of the Sector.
In order not to fall into this type of conflict, from Peraza Consultores we recommend that you previously inform the workers of your company who have been provided with computer tools such as desktop computers, laptops, emails, mobile phones, etc., of the protocols or instructions on the limits and conditions of use of the same, as well as those related to the installation of software without the prior consent of the company, a requirement derived from the Supreme Court Judgment of September 26, 2007, always respecting the limit of proportionality.
"For this reason, what the company must do in accordance with the requirements of good faith is to previously establish the rules for the use of these means -with the application of absolute or partial prohibitions- and inform the workers that there will be control and of the means that must be applied in order to verify the correctness of the uses, as well as the measures that must be adopted, where appropriate, to guarantee the effective labor use of the means when necessary, without prejudice to the possible application of other measures of a specific nature. preventive, such as the exclusion of certain connections. In this way, if the medium is used for private uses against these prohibitions and with knowledge of the controls and applicable measures, it cannot be understood that, when the control is carried out, it has been violated " a reasonable expectation of privacy."
Source: El País, Constitutional Court, Supreme Court