La doctrina jurisprudencial del tribunal europeo de derechos humanos sobre el control de las comunicaciones electrónicas en el trabajo:¿el fin de una eterna cuestión?

Abstract

The business controls of the labor activity developed through technological means are transformed causing conflicts of interest with the rights of workers as the right to privacy, the secrecy of communications and even, self-determination information. In the absence of clear legal criteria, the intentional monitoring of the employer and his confrontation with workers' rights continues to generate an intense doctrinal and jurisprudential debate about the determination of their limits. Undoubtedly, the Council of Europe Recommendation for data protection in the labor field of 1 April 2015, Regulation (EU) 2016/679 on data protection, such as the last judgment of the European Court of Human Rights of 5 of September 2017 (Barbulescu v. Romania) are very interesting because they seem to put an end to the eternal debate, forcing our courts to review its doctrine.