Preserving one’s privacy is a fundamental human right. It is enshrined in the Article 18 of the Spanish Constitution and must also be upheld in the workplace. Therefore, every company or public organisation must respect the privacy of its employees and establish a clear boundary between professional and personal life.
What is the right to privacy in the workplace?
Employees have the right to keep certain aspects of their personal and private lives separate from the workplace and beyond the control of their employers.. This right is regulated both in the Article 4 of the Workers’ Statute and in Articles 87 to 90 of the Law on the Protection of Personal Data. Therefore, any action by the company that unjustifiably compromises the privacy of its staff constitutes a violation of the regulations and entails the corresponding penalty.
How to respect employees’ right to privacy
In order to balance employees’ right to privacy with the company’s right to monitor compliance with workplace obligations, it is essential to focus on several critical aspects:
Staff Selection
Asking personal questions during recruitment processes is an intrusive and unlawful practice Such questions may lead to discrimination and must be avoided, particularly those relating to age, nationality, race, marital status, family life, sexual orientation, and personal beliefs or ideologies.
Video surveillance
If a video surveillance system is installed in the workplace, employees must be informed in advance and in a clear manner. Under no circumstances may cameras be placed in private areas or spaces intended for restsuch as restrooms or changing rooms. In addition, footage must be deleted after 30 days. Audio recording is only permitted when there is a significant security risk.
Processing of personal data
Employees’ personal data must be handled confidentially, used solely for legitimate employment purposes, and not disclosed to third parties without the individual’s explicit consent.
Digital disconnect (right to disconnect)
Outside of working hours, individuals have the right to rest and fully disconnect from digital devices related to their job. Therefore, they are not required to respond to company communications and must not face any consequences for failing to do so.
Geolocation
If geolocation systems are used to monitor employee activity, it is essential to provide clear and explicit information about the existence and features of the devices being used.
Use of IT equipment
The company may access the content of digital devices made available to employees solely for the purpose of verifying compliance with work-related duties.. If the use of company equipment for personal purposes is permitted, the authorised uses must be clearly defined, employees must be informed accordingly, and safeguards must be put in place to protect their privacy, such as setting specific time periods for personal use.
At Grupo SPEC, we develop human resources management solutions. that respect your employees’ right to privacy. If you need more information, please contact our customer service team.
