El deber de información en el articulo 87 y 89 LOPDGDDLa quiebra de la expectativa de privacidad vinculada al derecho a la intimidad y otros derechos fundamentales en liza en la relación laboral

Zusammenfassung

The obligations of information ans transparency strengthened in the EU Rergulation 2016/679, a consent that excludes any possibility of infringement of the right to privacy or other fundamental rights, as well as the principle of good faith that presides over any employment relationship, reinforce the importance of the stablishment and communication by the company to its employees of rules, standards or guidelines on the use of digital resources that it makes available to its workers, and also information on the company`s control systems on those uses, informing both of the treatment as its purpose in order to make the worker`s expectation of privacy disappear. Other circumstances may exist that eliminate this reasonable expectation of confidentiality since respect for fundamental rights does not imply an insurmountable obstacle to the use of digital media in the employment relationship. Considering the current LOPDGDD, as well as the doctrine of the Supreme Court, Constitutional Court and European Court of Human Rights, an overall vision is necessary, as we address in this study.