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Did Henry Ford Dream of Running a Panopticon? Usage and Control of Technologic Tools in the WorkplaceMiguel MorachimoPontificia Universidad Católica del Perú Felipe Gamboa Lozadaaffiliation not provided to SSRN August 24, 2011 Gaceta Constitucional, Vol. 44, pp. 69-84, 2011 Abstract: This paper discusses the problems related to the use and control of technological tools in the workplace, in connection with a recent ruling of the Peruvian Constitutional Court. We conclude that the existing legal framework in Peru allows the employer to take a series of measures of supervision over the way technologic resources are used in the workplace. These powers, however, do not include the scrutiny of personal communications messages nor any other space under the scope of privacy right. We believe that the scope of the right to inviolability of communications, as defined by the Constitution, requires the employer to use less intrusive mechanisms of intervention.
Note: Downloadable document is in Spanish. Number of Pages in PDF File: 27 Keywords: labour law, personal communications, privacy, technology, workplace, Peru JEL Classification: J00, J21, K31 Accepted Paper SeriesDate posted: December 7, 2011Suggested CitationContact Information
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