La actuación de los detectives privados como instrumento del control empresarial

Abstract

The use by employer of the services of a private detective to subject his workers to surveillance for the purpose of monitoring the performance of contractual duties, however often, it must nevertheless be subject to the analysis of its legal and constitutional correction since the integrated examination of the specific rules on private security and the protection of personal data. An approach that allows to see how, despite the legal reinforcement granted to the fundamental right to privacy of personal data (by the work of Law 3/2018, of 5 December, which gives rise to Regulation 2016/679/EU) there are still interpretative fissures maintaining a wide margin of operation for the business powers of management and control of the work, covering a legitimate interest in the use of private surveillance, which, despite being neither nor informed nor informed by the worker, is you agree as not harmful to the right to privacy of your personal data, and even though the processing of such data is usually functionalized to take disciplinary action against the worker. The regulatory cracks detected must be corrected by an adequate application of the proportionality judgment that emphasizes the strict need for private surveillance and the processing of the data obtained, and not on the mere opportunity or suitability of such action in order to ensure the full fulfilment of the employment contract.