The Fundamental Rights of Workers in Front of The New Instruments of Business Control

Abstract

Subjecting the employee to the supervision and control of the employer must not suppose an absolute abdication of their fundamental rights, as stated by the higher interpreter of the Constitution. However, the use of new technologies that allows the employer to record employee’s activity has made him more vulnerable to an illegal intrusion into his own privacy. Given the lack of specific legislation governing the technological control of the employee, we must to address the Constitutional Court interpretation of the essential meaning of the right to self-image, the right to privacy and the right to secrecy of the employee’s communications