Criminal Division III of the Supreme Court of Appeal, with ruling no. 45198 dated 26 October 2016, first reiterated that in accordance with clause 4 of the Workers’ Statute (prior to the Jobs Act) the use of remote control systems to monitor work is not permitted, and that such equipment may only be installed in the case of specific requirements and after complying with the procedures that ensure the protection of civil liberties set forth therein. According to the Supreme Court therefore, installation of audiovisual equipment that violate the privacy of workers without the consent of the trade union or an administration authorisation, constitutes a crime. In the case in question, this is a so-called crime of danger, whose scope is to protect workers from any possible violation of their privacy. In other words, to commit this crime it is sufficient to install equipment for the remote control of workers, even if the same are not actually used or activated. In other words, it is a crime to install cameras that may spy on employees, even if such cameras are not actually activated and used.
