According to Art. 87 Organic Law 3/2018, public and private entity employees have the right to protection of their privacy when using digital devices provided by their employer. While the employer retains the right to monitor the devices, he or she must implement usage policies in cooperation with employee representatives that safeguard employees’ privacy. The policy must adhere to applicable laws and inform the employee about permitted private use.
Art. 88 Organic Law 3/2018 regulates the right to disconnect outside of working hours. Again, collective bargaining between employee representatives and the employer shall determine internal policies.
Additional rules on video surveillance and audio recordings in the workplace are in Art. 89 Organic Law 3/2018. Such monitoring must be legal and requires employers to duly inform their employees. If the employee is caught in an illegal act, the obligation to inform is deemed fulfilled if a superficial notice that recording may take place existed. The installation of monitoring devices in recreational areas is forbidden. Audio recording devices are permitted if they are a proportionate means to guarantee the safety of people, property and facilities.
Art. 90 Organic Law 3/2018 deals with geo-location devices in the workplace. Their deployment to monitor employees is permitted if this is legal according to Spanish employment law. Moreover, employees must be informed about the existence of such monitoring and their rights as the data subject.
Lastly, Art. 91 Organic Law 3/2018 provides that collective bargaining agreements constitute additional guarantees for the rights and freedoms associated to processing employees’ personal data.
