The Supreme Court has estimated an appeal that a company had filed against the sentence of the Social Chamber of the Superior Court of Justice of Catalonia, which did not accept as evidence the videos recorded by the video surveillance cameras of the establishment regarding the dismissal of a worker, because it was considered that the right to data protection of the individual was being violated for lack of information on the purpose and use of the facility.

The SC accepts the recordings as evidence to justify the dismissal of the employee, understanding that the rights of the latter are not violated since he was aware of the existence of the cameras.

The case refers to a sales assistant who was fired for the handling of receipts and theft of cash on multiple occasions. This could be proved thanks to the images that were recorded in one of the cameras that focused the counter where the collections were managed.

Despite being affirmed that the constitutional rights of the worker were at stake, the Supreme Court states that, being informed of the installation of these devices by security measures for the establishment, this measure is considered justified and suitable for the control of the proper functioning of the same.

Finally, it was emphasized that the existence of a labour relationship between the parties, the individual consent of the workers is not strictly necessary when the existence of cameras is acknowledged.

For any questions regarding labour matters, do not hesitate to contact Daemi Zabalza & Associates. Our company has lawyers and labour advisers with a great experience in the field.