Registro de las comunicaciones electrónicas del trabajador¿es necesaria la autorización judicial?

Resumen

The case law of the Fourth Chamber of the Supreme Court has admitted monitoring emails of workers by the employer provided that certain conditions are met. However, the Criminal Chamber of the same Court in its ruling of June 16, 2014, when assessing the effectiveness in criminal proceedings of evidence that had previously been admitted in labor proceedings, has made it clear that the doctrine contained in those judgements only applies to labour proceedings but in no case in criminal proceedings, in which, in accordance to Article 18.3 of the Constitution, it is mandatory that a judicial authorization is requested prior to intervening communications. This paper examines whether the interpretation made by the Criminal Chamber involves an amendment in full of the case law emanating from the Social Chamber or whether it is an interpretation that harmonizes both doctrines, on the basis that fundamental rights are unique.