El derecho a la protección de datos personales ante la videovigilancia en el ámbito laboral: la progresiva devaluación en la jurisprudencia constitucional de la obligación de informar al trabajador = The right to the protection of personal data in the face of video surveillance in the workplace: the progressive devaluation in constitutional jurisprudence of the obligation to inform the worker

The use of video surveillance as a control mechanism for noncompliance by workers has been the subject of a very notable regulatory and jurisprudential evolution. From this evolution, it can be observed how the duty to inform the worker has progressively depreciated, reaching its peak with the latest constitutional jurisprudence. With its interpretation of current regulations, the Constitutional Court has virtually made it voluntary for employers to inform, or not, in a minimally precise and explicit manner, the workers about the existence and purposes of video surveillance within the company. Meanwhile, employers are allowed to continue benefiting from the results of this video surveillance activity to monitor work activities, despite not having sufficiently fulfilled their obligations to inform the workers. Whether this is compatible with the essential content of the workers' right to data protection (Article 18.4 CE) is, at the very least, debatable. The purpose of this work is to analyze the problems posed by the current interpretation of the Constitutional Court and how it has given a content to the provisions of the Spanish Organic Law on Data Protection and Digital Rights (LOPDGDD) that does not seem to correspond to what the latter intended to regulate, with consequent harm to the effectiveness of a fundamental right such as the right to data protection in the workplace ​
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