The Spanish Agency for Data Protection (AEPD) has imposed a fine of €2,000 on a company in Andalusia for including the personal number of an employee in a WhatsApp group without her explicit consent. This incident highlights the need to respect privacy rights in the workplace and has sparked a debate about the use of digital tools in companies.
The AEPD emphasized that, beyond merely obtaining consent, it is crucial that employees are appropriately and specifically informed about the use of their data, especially in an environment where they may feel pressured to agree. This recent decision reinforces the principles established in the Organic Law on Data Protection and the General Data Protection Regulation, which require explicit consent for handling personal data.
The growing use of WhatsApp groups to facilitate internal communication presents a legal dilemma. According to Valoira Abogados, while the use of this platform is not prohibited, there are strict conditions that must be met. It is essential for companies to clearly inform their workers about the use of their data, justify the need for the communication channel, and respect the right to digital disconnection.
Poor management of digital communication can lead to significant risks. Companies may not only face penalties for privacy violations but may also generate conflicts if the groups are used outside of working hours. Additionally, misuse of personal messaging platforms can be interpreted as technological harassment.
Experts recommend that organizations review and update their digital communication protocols. It is vital to implement data protection policies and provide specific training for staff on the legal limits of using applications like WhatsApp. The adoption of corporate platforms that comply with regulations is essential, as well as the creation of clear policies to ensure effective and respectful internal communication.
via: MiMub in Spanish
