The French and Spanish legal framework after Ribalda Vs Spain ruling on surveillance cameras in workplaces
Résumé
France and Spain’s Labor Law share a common ground. In both countries, the employer can monitor the activity of an employee. However, it doesn’t mean that the employer can use what is found through these technological tools as evidence against the employee. Only evidence obtained by lawful means may be presented in court. Applied to surveillance cameras, the employer must advised the employee that cameras have been installed (art. 89 Spain Constitutional Law 3/2018 ; art. L.1222-4 French labour Code)
However, the European Court of human rights challenges this legal framework with the Ribalda against Spain judgement (ECHR, Grand chamber, 17 october 2019, n° 1874/13 and 8567/13). Thus, based on the Ribala ruling, this study aims highlight the way in which the French and Spanish legal framework is being tested by technological progress.