A recent survey by Employment Law Alliance reveals that almost all countries in Latin America have laws that regulate and protect the personal data of citizens. Now Ecuador is catching up with a new bill for personal data protection. However, hardly any of these countries have laws that expressly regulate the privacy of employees in the workplace.
Today, companies use the technological tools available to them to increase productivity and, for example, to identify what their employees are engaged in at all times, from logging in to their computer in the morning, periods of inactivity, if they have sent one or dozens of emails, and even how they have interacted with their work colleagues and clients. These tools can be used in the quest to improve productivity at work, but they may also limit the right to employee privacy in the workplace.
From the perspective of productivity or security, can an employer record the telephone conversations of its employees? Can a company monitor its employees’ emails or record video of their work activities? In most countries in the region, there is a consensus that computers and other terminals such as mobile phones are work tools provided by the employer to the employees to carry out their work, so they are subject to monitoring and scrutiny by the company.
However, for the treatment of this information to be lawful, it must be clearly established that the tool provided by the company to the employee is the company’s property and therefore subject to inspection and monitoring by it. But it is also necessary to have clear internal policies on how each tool can be used. Modern life means that employees also use these tools in their personal lives, such as instant messaging, social networks and access to sources of information. We cannot disregard the fact that these work tools are a necessary part of the personal daily lives of employees, which is why clear rules are essential.
Internal policies on the use of mobile phones and computers that are offered by companies must clearly establish the purpose and appropriateness of monitoring the employee at work. For example, the employees must be clearly informed that they or their conversations are being recorded for security and performance purposes, and that their activity and information held on the company’s work tools may be monitored for purposes such as internal investigations, quality control and productivity.
Editorial Board
