Geolocalización, dispositivos móviles y trabajo ubicuo

Résumé

This paper focuses on the actual dynamics of digital reorganization of the workplaces, due to which the place and time elements of the employment relations become increasingly faded and blurred, from the point of view of privacy and data protection legal requirements. As a starting point, in its first part, it makes an analytical development of the legal framework of locational surveillance of workers (article 90 LOPDP-GDD), as this regulation can be truly considered as a rather laconic frame, which needs to be deeply recreated and fulfilled adopting a systematical approach. Apart from this, in the second part, protection of workers’ privacy in «ubiquitous work environments» is analysed, paying attention to relevant and increasing phenomena such us home and remote teleworking, «bring your own device» (BYOD) systems and the use of wearable devices at work, as long as those new realities are not contemplated by the legal framework.