Introduction
In the current work environment, the use of electronic devices provided by companies, such as computers and cell phones, has raised questions about the employers’ capability to monitor these tools and the limits imposed by workers’ privacy rights. In Peru, although there is no specific regulation ruling this practice, certain powers and restrictions are recognized within the framework of jobs.
Employer’s Monitoring Power and Its Limits
Article 9 of the Consolidated Amended Text of Legislative Decree No. 728, Labor Productivity and Competitiveness Law, grants the employer the power to issue internal rules and orders necessary for work performance and sanction non-compliance. This power includes supervising the use of corporate equipment to ensure its proper use and protect the company’s interests.
Conversely, this power is not absolute. It must respect the fundamental rights of the employee, such as privacy, communication secrecy, and personal data protection. Therefore, any monitoring measure must be proportional, adequate, and necessary to fulfill its purpose, avoiding excesses that may violate the employee’s rights.
Requirements for Monitoring Corporate Equipment
For a company to be able to monitor its employees’ corporate equipment, there are specific legal parameters:
- Prior information: The employer must clearly inform workers in advance that computers, cell phones, or other technological tools provided by the company are exclusively for work purposes and that their use may be subject to monitoring in specific cases.
- Internal policies: They are necessary to regulate these practices, detailing the circumstances, the methods employed, and the measures to protect the employees’ personal information.
- Informed consent: Although not always mandatory, obtaining worker consent can strengthen the legitimacy of monitoring if provided with comprehensive information on monitoring practices.
- Proportionality and necessity: Monitoring measures should be proportional and necessary, avoiding any action that exceeds what is required to meet legitimate business objectives.
Worker Privacy Considerations
The employee’s right to privacy is a fundamental aspect of all circumstances. Therefore, the employer must refrain from accessing the employee’s personal information that is not related to the work environment, even if it is on corporate equipment. Moreover, employees will be able to voice their concerns or doubts about the monitoring of their work tools through clear communication channels.
Consequences of Inadequate Monitoring
Implementing monitoring practices without respecting the fundamental rights of workers can result in legal sanctions for the company, fines, and possible lawsuits for violating privacy and personal data protection. Therefore, companies must act under current regulations transparently, ensuring a balance between necessary monitoring and respect for their employees’ rights.
Conclusion
The monitoring of corporate teams by companies in Peru is a permitted practice as long as it is carried out within legal limits and respects the fundamental rights of workers. Implementing clear policies and prior information and respecting privacy is crucial to ensure a harmonious working relationship per the law.
Source: Legislative Decree No. 728 - Norms and legal documents - Congress of the Republic - Peruvian State Platform.