Introduction
In today’s work environment, the use of electronic devices provided by companies, such as computers and cell phones, has raised questions about the ability of employers to monitor these tools and the limits imposed by workers’ privacy rights. In Peru, although there is no specific regulation governing this practice, certain powers and restrictions are recognized within the framework of the employment relationship.
Employer’s power of supervision and its limits
Article 9 of the Sole Ordered Text of Legislative Decree No. 728, Labor Productivity and Competitiveness Law, grants the employer the power to issue internal rules, to issue orders necessary for the performance of work and to sanction non-compliance. This power includes the possibility of supervising the use of corporate equipment to ensure its proper use and to protect the interests of the company.
However, this power is not absolute. It must be exercised with respect for the fundamental rights of the employee, such as privacy, secrecy of communications and protection of personal data. 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, it is essential to comply with certain 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: It is necessary to implement internal policies that regulate these practices, detailing under what circumstances monitoring could be carried out, the methods used and the measures to protect the worker’s personal information.
- Informed consent: Although not always mandatory, obtaining worker consent can strengthen the legitimacy of monitoring, provided that full information on monitoring practices has been provided.
- 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 worker’s right to privacy is a fundamental aspect that must be respected in 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. In addition, it is advisable to establish clear communication channels so that employees can express their concerns or doubts regarding the monitoring of their work tools.
Consequences of inadequate monitoring
The implementation of monitoring practices without respecting the fundamental rights of workers can result in legal sanctions for the company, including fines and possible lawsuits for violation of privacy and personal data protection. Therefore, it is crucial that companies act transparently and in accordance with current regulations, ensuring a balance between the necessary monitoring and respect for the rights of their employees.
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 respecting the fundamental rights of workers. The implementation of clear policies, prior information and respect for privacy are key elements to ensure a harmonious working relationship in accordance with the law.
Source: Legislative Decree No. 728 - Norms and legal documents - Congress of the Republic - Peruvian State Platform.