The Spanish Agency for Data Protection archives the claim of a worker against his company, dedicated to the distribution
The Spanish Agency for Data Protection opens the door for companies can include the personal telephone numbers of their workers in WhatsApp groups for work purposes without their permission. Specify that yes, that the data shared be the minimum, that they are related to the objectives sought and that people outside the group do not have access to them.
This is established in a resolution released on January 9 and by which the claim of an employee against his logistics company for including him without his consent in two groups is filed. In them the data of all the distributions were published, which at the same time were exposed to all those who were included. He considered that, needing the information, he could not get away from them.
Questioned by the AEPD, the company argued that “the use of mobile devices and their tools (in this case the whastapp instant messaging system), as a means of internal communication between the company and its workers, is essential for their work” since that the main dedication is the distribution and delivery of parcels. The response also cited that it “expressly” informed its employees of the use of WhatsApp as a communication channel.
In this resolution, the Spanish Agency for Data Protection argues that “in the field of labor relations, the processing of personal data is legally based, mainly, on the execution of the employment contract”, an assumption in which this case fits. . And furthermore, the principles of minimization, relevance and confidentiality were respected, for which reason the claim is dismissed.
Against the resolution there is still room for an appeal for reversal. The decisions of the AEPD are usually considered a reference in the matter. This resolution is located in a different line from other previous ones that used to be more guarantees with personal data.
According to the criteria of
Know more
