With the recent judgement, issued by the Corte di Cassazione, on February 17, 2015, the judges ruled again on the point of law concerning the use of evidence obtained by means of remote control systems, aimed at checking the illegal conduct of employees.
The Supreme Court held unfounded the censure referring to the unlawful recording of the employees’ activity based on the alleged violation of the privacy of workers.
The judgement confirms and reaffirms the recent case law. In particular, the judges affirmed that the guarantee system set forth by article 4 of the Law no. 300/1970 refers only to the prohibition to the use videosourveillance systems or other equipment, aimed at the remote monitoring of workers. On the contrary, the use of those instruments in order to protect and defend properties, goods and rights of the employer, is in line with the relevant legal framework.
In other words, the use of such systems (and of the evidence collected, as well) is prohibited in case they concern the exact fulfilment of the obligations arising from the employment relationship and not, instead, when they concern the protection of rights extraneous to the relationship itself.