Can accessing an employee’s computer or email be a criminal offence?

June 1, 2021

By:  y Amparo Bru

A brief review of Judgment 328/2021, of April 22, of the Criminal Chamber of the Supreme Court

There is a tension between (i) an employer’s right to access digital devices made available to employees; and (ii) workers’ fundamental rights (the rights to privacy, privacy of communications and data protection in the digital environment). This tension must be appropriately dealt with to avoid serious contingencies that could even have criminal implications.

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