Workers' Digital Rights: Constitutional Court and Supreme Court Case Law 2024-2025
Analysis of Constitutional Court and Supreme Court rulings on employer digital monitoring: corporate email access, GPS tracking, CCTV cameras and social media.
# Workers' Digital Rights: Constitutional Court and Supreme Court Case Law 2024-2025
Spain's LOPDGDD Title X (Arts. 87-91) established workers' digital rights. In 2024-2025, the Constitutional Court and Supreme Court have filled in the jurisprudential map.
Key rulings 2024-2025
STS Social 14 February 2024: Accessing corporate email without prior notice violates Art. 18.3 CE, even for company communications. Employers must establish and communicate a monitoring policy in advance.
TC 142/2024: Granted amparo to a worker whose corporate email was accessed without prior policy notice. "Corporate" label does not eliminate reasonable expectation of privacy.
STS Social 23 April 2024: GPS tracking of company vehicle workers is lawful if: worker informed in advance, tracking only during working hours, and data used exclusively for employment purposes.
STS Social 9 September 2024: Evidence from GPS installed in worker's personal vehicle without consent declared null; even for disciplinary dismissal.
TC 64/2024: Hidden cameras admitted as evidence when installed in response to specific prior evidence of systematic theft, proportionate and temporary, with works council notified.
STS Social 11 December 2024: Hidden cameras installed generally to monitor performance without prior suspicion declared unlawful. Evidence inadmissible, dismissal improcedente.
STS Social 28 May 2025: Dismissal for comments on private Instagram profile rejected; employer accessed profile through a third worker without consent.
Key rule: Public profile = employer can monitor. Private profile = protected by Art. 18.1 CE.
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