The Supreme Court (TS) forces a company to compensate for damages to a worker to disseminate Personal information about your salary, your health and a lawsuit that filed against the company for workplace harassment.
The High Court, in a ruling on March 13, determines that the company violated the right to privacy of the employee by the lack of diligence when guarding the data.
Specifically, the worker, years ago, had demanded the company for workplace harassment. The firm scanned that demand and kept it in a common digital folder to which all employees had access. In that document they consisted of several personal data of the worker such as her salary, moments and reasons in which she had been declined, or situations of harassment suffered. The worker sued the company for violate your right to privacy and requested compensation for damages for 10,000 euros.
The Supreme concludes that the company had to comply with all obligations on the processing and protection of the data, as required by both the Law and the Data Protection Regulations.
The Court indicates that the firm breached the regulations that forces it to take measures to protect the private data of workers. And he adds that, although the company did not intentionally expose this information and, when he had knowledge of it, he would eliminate it, the reality is that I undue access to that document occurred and “the affectation to the right to privacy of the plaintiff”.
“The determining thing is that the lack of security measures allowed the applicant’s private and intimate information to be available for unauthorized persons,” he concludes.
The supreme reduction of 10,000 euros to 3,000 euros the amount of compensation when considering that the worker did not prove how this episode relevantly affected her personal and professional life.
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