Did Henry Ford Dream of Running a Panopticon? Usage and Control of Technologic Tools in the Workplace

Gaceta Constitucional, Vol. 44, pp. 69-84, 2011

27 Pages Posted: 7 Dec 2011

Date Written: August 24, 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.

Keywords: labour law, personal communications, privacy, technology, workplace, Peru

JEL Classification: J00, J21, K31

Suggested Citation

Morachimo, Miguel Enrique and Gamboa Lozada, Felipe, Did Henry Ford Dream of Running a Panopticon? Usage and Control of Technologic Tools in the Workplace (August 24, 2011). Gaceta Constitucional, Vol. 44, pp. 69-84, 2011 . Available at SSRN: https://ssrn.com/abstract=1969488

Miguel Enrique Morachimo (Contact Author)

Hiperderecho ( email )

Av. Alberto del Campo 438
Lima, 15076
Peru

HOME PAGE: http://www.hiperderecho.org

Felipe Gamboa Lozada

affiliation not provided to SSRN ( email )

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