Device monitoring is lawful because the employee gave consent
The Superior Court of Justice of Cantabria has ratified the admissibility of the disciplinary dismissal of a worker for having committed very serious offenses, among them, he accumulated numerous files of a sexual nature on the company computer , including 67 photographs of a co-worker's butt. and ten pornographic photographs of his employer's wife .
The Court considers that the monitoring carried out by the company to resolve the problems with the Internet connection and the operation of the work computers was lawful because the worker was previously informed of it and signed a document giving consent to do so.
This ruling has been announced by Estela Fax Lists MartÃn , director of Communication and Corporate Social Responsibility at SincroGO, president of the Equality Section of the Madrid Bar Association (ICAM) and collaborator of this medium.
The facts
The employer where the actor provided services as an economist, due to problems with Internet access and the fact that the computers were operating at a very reduced speed, contacted a computer company to put an end to this dilemma. A member of the hired IT team did an analysis of the network and the IT park ( hardware, desktop and cables, without entering personal files), however , he was not able to solve the problem, so he advised the company to carry out carry out a more thorough review of all terminals .