Did Henry Ford Dream of Running a Panopticon? Usage and Control of Technologic Tools in the Workplace
Pontificia Universidad Católica del Perú
Felipe Gamboa Lozada
affiliation not provided to SSRN
August 24, 2011
Gaceta Constitucional, Vol. 44, pp. 69-84, 2011
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, K31Accepted Paper Series
Date posted: December 7, 2011
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