The fundamental business right to effective technological testing versus the right to data protection of the worker

Regarding Constitutional Court Ruling 119/2022, September 29

Abstract

The complex, and growing, conflict between the right to data protection of workers and the business right to proof of labor infractions by means of surveillance cameras has known a new episode in the Spanish Constitutional Court. By a slim majority, the Court of Guarantees has chosen to favor the right of the company over the right of the worker. Regardless of which reasons are considered more convincing, those of the majority vote or those of the dissenting vote, the truth is that the sentence does a disservice to its pedagogical and exemplary function, by normalizing breaches of the right to prior information and discouraging the compliance.