The company may check that the duties of the job are being fulfilled, but that control has limits. Articles 87 to 91 of the LOPDGDD give workers certain digital rights, which the law also sets out in the Estatuto de los Trabajadores (Workers' Statute, article 20 bis). This lesson explains what they are.
Digital devices at work (article 87)
You have the right to protection of your privacy when you use the computers, phones and programs the company gives you. The company may access their content only to check that work duties are being fulfilled and to protect the integrity of the devices. In addition:
- the company must set rules for use of the devices, respecting minimum standards of privacy protection and with the involvement of the workers' representatives
- if private use is allowed, the permitted uses and the safeguards to protect privacy must be defined precisely, for example the periods when they can be used for private purposes
- staff must be told about those rules
That is why it is important to read the company's usage policy. If it says that the work email is only for work, do not use it for private matters.
Digital disconnection (article 88)
Workers have the right to digital disconnection outside legal or agreed working time, so that their rest, leave, holidays and personal and family privacy are respected. The company, after hearing the representatives, draws up an internal policy that includes training and awareness-raising. It applies especially to remote working and to work done at home with technological tools. Ley 10/2021 on remote working also provides for it.
Video surveillance at work (article 89 and article 22)
- The company may process camera images to monitor work, but only within the legal framework and its limits.
- It must inform in advance, expressly, clearly and concisely, the workers and, where relevant, their representatives.
- If the camera catches someone in the act of committing an unlawful act, the information sign in article 22.4 (the "video surveillance zone" notice) is enough to meet the duty to inform.
- Cameras and microphones may not be installed in places for rest or recreation, such as changing rooms, toilets and canteens.
- Sound recording is allowed only where there are relevant risks to the safety of premises, property and people, and always with proportionality and minimum intervention.
As for the images, article 22.3 says they are deleted within one month at most of being captured. They are kept longer only to prove acts against the integrity of people, property or premises, and then they must be made available to the competent authority within 72 hours at most of becoming aware of the recording.
Geolocation (article 90)
The company may use geolocation systems (for example, the GPS of a vehicle or a phone) to monitor work, but only within the legal framework. Beforehand it must tell workers and their representatives expressly, clearly and unambiguously that the device exists and what it does, and about their rights of access, rectification, restriction and erasure.
Collective bargaining (article 91)
Collective agreements may set additional safeguards to protect rights and freedoms in the processing of staff data and in safeguarding digital rights.
Remember: the company may monitor, but with prior information, in proportion and without invading your private life. If you do not know your company's rules, ask.