Logic and legislated limits on the use of computers in the company. "Possible codes of conduct" In Spain, after the Supreme Court's decision dated September 26, 2007 on corporate control of email, has changed the view of some points concerning the use of information technology company, and although expected to end in answer to the Constitutional Court on this issue, for the moment it has. We believe that with respect to the use of information technology within the company, we have to start from the assumption that both workers and employers have rights, and because of that conflict situations arise in which judgments as Constitutional Court no superiority of any rights over others. – The rights of workers would be as follows: o Right to privacy Right to confidentiality in communications or law to freedom of expression or right to equality and nondiscrimination. – The rights of the employer are: o Right Right to private property and free enterprise.
The use of information technology in business has stimulated and led to changes in work habits, and the "abuse" (sometimes) by employees, may have brought negative consequences, such as: loss of working hours, computer security problems (virus), and legal problems due mainly to music downloads, movies, data on the network of personal … limits to the power of corporate control would be mainly: the violation of fundamental rights workers and the proportionality test. (To be valued benefits and detriments for the general interest of the implementation of the measure). The Judgement of 09/26/1907 TS has established and clarified points on which up to now there were different points of view: – The computer is half owned by the company – is subject to the surveillance power of the employer – is not possible equate to half staff for what has not the guarantees of Articles 18 (eg lockers) The criteria to be followed for the registration and control of information technology company, provided of course respecting the dignity of the worker are the following: 1) Establish the rules before use.