E-mail control and privacy in the employment contract

Abstract

Our Constitutional Court has considered the need to modulate the fundamental right to privacy during the employment relationship in order to balance the legitimate business interests with the adequate protection the workers must have in this area based on the principle of good faith of the parties required by all contracts and which is opposed to fraud, unfairness or abuse of trust. On this basis, appropriateness, necessity and proportionality are imposed as a requirement for the audit activity of employers given the fact that these three elements are evidence of the existence of a reasonable and appropriate balance that safeguards workers' rights to privacy.