Poder de control empresarial y limitación de derechos fundamentales de los trabajadoresa propósito de la STEDH de 12 de enero de 2016, Barbulescu contra Rumanía

Abstract

Information technology is already a widespread reality in companies. Employer controls on the use made by workers of computer tools, e-mail or internet, acquire relevance by provoking a conflict of interests with workers' rights such as the right to privacy, the secrecy of communications and even self-determination informative. In the absence of clear legal criteria, the intentional surveillance of the employer and his confrontation with workers' rights continues to generate an intense doctrinal and jurisprudential debate on the determination of limits. The last judgment of the European Court of Human Rights in the matter (Barbulescu case) is interesting because it coincides with the lines of argument of the most recent pronouncements of our courts tending to reinforce the powers of control of the employer.