Teleworking: A New Reality Conditioned by the Right to Privacy

Carlos Arroyo-Abad
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Carlos Arroyo-Abad: Faculty of Communication and Humanities, Camilo José Cela University, Villafranca del Castillo, 28692 Madrid, Spain

Laws, 2021, vol. 10, issue 3, 1-14

Abstract: Faced with protecting the right to privacy and, with it, the inviolability of homes, the development of new technologies and the possibility of developing work from home has opened the door to a series of new conflicts that require us to provide a specific legal framework by which such situations can be addressed. In the Spanish case, we speak of Law 10/2021 from 9 July on remote working. The objective of this study is to assess the scope as well as the problems that this law generates during its application, regarding controlling the provision of services. However, we not only identify the incidental factors, but also provide a necessary reinterpretation of the right to privacy from the perspective of the inviolability of homes, especially when its current articulation may operate to the detriment of employees’ rights, as contradictory as this may seem.

Keywords: remote working; teleworked; flexibility; privacy; freedom of enterprise; fundamental right; market economy; place of residence; control channels (search for similar items in EconPapers)
JEL-codes: D78 E61 E62 F13 F42 F68 K0 K1 K2 K3 K4 (search for similar items in EconPapers)
Date: 2021
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