Do you know your digital rights?
Do you know that you have digital rights in the workplace?
We all have digital rights, which have arisen as a consequence of the technological advances
recognized in the Organic Law on Data Protection and Guarantee of Digital Rights (LOPD-GDD).
Regulations
The LOPDGDD dedicates its entire Title X to the guarantee of digital rights, which find their legal basis in the rights and freedoms enshrined in the Spanish Constitution and international treaties signed by Spain, which are applicable to the Internet world.
Focusing on the work environment and as a result of the prevailing situation of teleworking, these rights, which many of us had not taken into consideration within our sphere of action, are now presented as another tool in our work environment, and therefore, it is necessary to know them in order to use them in a responsible and consistent manner.
In response to the constant inquiries from our clients in the Valencia office ValenciaIn relation to teleworking, we point out that digital rights are already a reality in our legal system and that is why we consider it necessary to expose the minimum content of these rights.
The LOPDGDD recognizes the following digital rights in the workplace:
- Right to privacy and use of digital devices
- Right to digital disconnection
- Right to privacy from the use of video surveillance and sound recording devices in the workplace.
- Right to privacy in the use of geolocation systems
- Digital rights in collective bargaining
Right to privacy and use of digital devices
The company shall establish the uses of digital devices in the workplace, defining the type of devices that may be used (corporate and/or personal), as well as their use during and outside working hours, always respecting the privacy of workers.
The company has the obligation to inform all its employees of these rules of use, as well as the means that will be used to control compliance with labor obligations.
Right to digital disconnection
All employees are entitled to rest time, leave and vacations, even if they are teleworking or working remotely. In other words, the fact that a person does not physically work in the company does not mean that his or her labor rights are diminished, but that they must be respected in the same way as those who work in person at the corporate facilities.
Digital disconnection implies respecting work schedules, as well as personal and family privacy once the working day is over.
It is very important that the company adopts measures of awareness and training on the reasonable use of technological tools, in order to avoid computer fatigue or the so-called “technostress” in its employees.
Right to privacy from the use of video surveillance and sound recording devices in the workplace.
Article 20.3 of the Workers’ Statute allows companies to apply measures to control workers, such as video surveillance. These measures must be expressly and clearly informed to the workers, indicating the places with identifying signs, where the video recordings are made.
The company is obliged to respect the privacy of all its employees, so no cameras may be placed in rest areas, changing rooms, toilets, canteens or similar.
In relation to sound recording, there must be proportionality between the measure and the existing risk to facilities, property and persons, always with the limitation of not exceeding the limits established by law and respect for rights.
Right to privacy in the use of geolocation systems
As in the case of video surveillance, if the company uses geolocation tools as part of the established control measures, it must inform workers in advance of the use of this measure, detailing its use and characteristics.
Likewise, employees will be informed by the company of the possibility of exercising their rights of access, rectification, limitation of processing and deletion.
Digital rights in collective bargaining
Digital rights shall be an integral part of the rights that union representatives negotiate collectively, taking into account the provisions of the law, as well as the actions implemented by the company in relation to this type of rights.