Post by account_disabled on Feb 27, 2024 4:07:20 GMT -5
Proportionality test
Finally, the TSJ has subjected the control to the proportionality test, or in other words, has assessed whether the objective pursued by the employer could have been achieved without needing to access the content of the communications . Similarly, the Chamber has analyzed the consequences that the surveillance measure has had for the worker and whether it has been useful to achieve the objective pursued with the control , as well as has assessed whether the worker has had the necessary guarantees. about.
In this sense, in the opinion of the TSJ, given that after an analysis of the network and the computer park the identified problem had not been solved, it was necessary to carry Argentina Mobile Number List out a more exhaustive review of all the terminals, making it necessary to analyze all the terminals one by one. company computers. Therefore, “ access to personal files, which should not be on the actor's computer, even without assessing the content of some of them, as justified, was then a consequence of the intervention .”
Finally, the Chamber has recalled that the Barbulescu II doctrine expresses that national authorities, in accordance with the positive protection obligations of art. 8 of the Convention, should assure the worker, when his communications have been monitored, the right to appeal to a court to rule, at least in essence, according to the criteria described above, on the legality of the measures that are the subject of controversy. . Such control has been exhaustively carried out in the exemplary lower court ruling and now confirmed in the appeal court.