Digital privacy at work: how far can an employer’s monitoring go?
We have come across an interesting ruling from 2024, in which the Constitutional Chamber issued a significant decision on digital privacy in the workplace, the protection of personal data and the limits of an employer’s control over company computers.
The ruling reiterates that employees retain a legitimate expectation of privacy regarding personal information stored on company computers, even where the equipment is owned by the employer. The right to privacy also protects personal documents and files on work devices.
However, the Chamber set out significant limits to this protection. In the case in question, it concluded that there had been no breach of rights because the employee had been given the opportunity to back up, remove and delete her personal information before the computer was inspected.
According to the ruling, the civil servant decided to delegate that task to a third party, which limited her control over the device’s contents. The Court considered that the employer had acted within the parameters permitted by constitutional case law.
The ruling recognises that the right to data protection is not absolute and may be reasonably restricted where there are legitimate institutional interests linked to the prevention of irregularities or regulatory compliance.
Recommendation: Implement clear policies on the use of organisational equipment, the storage of personal information and protocols for handling digital evidence. Establish formal procedures for backing up and deleting files when an employee leaves their post.
See the ruling at: https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1261582