Constitutional limits on the exercise of power by management using CIT and other means for surveillance and private security under the Spanish legal system
DOI:
https://doi.org/10.5377/rpsp.v4i1.1554Keywords:
privacy, workers, businessmen, control, CIT (Communication and Information Technology), private surveillance, private securityAbstract
This paper provides analysis from a legal perspective on the conflict between fundamental right of to privacy of workers, and the exercise of power by management using means to capture image or sound, the control of the tools of information technology, and engaging detectives – professionals who currently possess innovative devices that enhance the efficacy of their investigation, but raise questions regarding their constitutionality. The Constitutional Tribunal admits that these means for monitoring are legal, as long as the measures taken are justified, appropriate, necessary and balanced. Furthermore, the casuistic nature of this law allows for the adoption of contradictory legal solutions in analogous or identical cases, generating a situation of legal insecurity, affecting the workers, the business owners, and the detectives they engage, when there is no clear delimitation for the legal context of their actions.Downloads
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Published
2014-11-20
How to Cite
López Aniorte, M. del C. (2014). Constitutional limits on the exercise of power by management using CIT and other means for surveillance and private security under the Spanish legal system. Police and Public Security Journal, 4(1), 31–52. https://doi.org/10.5377/rpsp.v4i1.1554
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Academic Articles
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