Abstract

JIMENEZ, Antonio Felipe Delgado. THE CONTROL OF ELECTRONIC MAIL IN THE LABOR FIELD. Revista Internacional CONSINTER de Direito [online]. 2020, n.10, pp.445-462.  Epub June 30, 2020. ISSN 2183-6396.  https://doi.org/10.19135/revista.consinter.00010.22.

RIGHT TO THE SECRET OF COMMUNICATIONS AND THE PROTECTION OF PERSONAL DATA: secrecy of communications and protection of personal data in the workplace. Surveillance in the framework of a dismissal process: interception and transcription of personal electronic messages in the workplace, including prohibition by the company. Lack of verification by the domestic courts of whether the employer had previously notified the complainant of the possibility that his communications were to be controlled and of whether he had been informed of the scope of the surveillance and the degree of intrusion into his private life and correspondence: lack of justification of the reasons for the introduction of control measures and whether it would have been possible to use other less intrusive measures: lack of a fair balance between the employer's interests and the plaintiff's right to respect for his private life: existing violation.

Keywords : Protection of personal data; secrecy of communications; positive obligations of the States; duty of prior information; proportionality..

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