Spain

Article 8 of the Spanish Constitution provides the right to personal and family privacy.

Article 167 of the Penal Code prohibits the unlawful interception of communications.

Note, however, that neither of these explicitly apply to workplace monitoring.

ROYAL DECREE 1720/2007, of 21 December, which approves the regulation implementing Organic Law 15/1999, of 13 December, on the protection of personal data.

ORGANIC LAW 15/1999 of 13 December on the Protection of Personal Data.

ROYAL DECREE 994/1999 , of 11 June, which approves the Regulation on Mandatory Security Measures for the Computer Files which contain Personal Data.

Act 34/2002 of 11 July on Information Society Services and Electronic Commerce. Extract of relevant articles regarding personal data protection.

Act 41/2002, of 14 November 2002, basic regulating Act on the autonomy of the patient and on the rights and obligations in matters of clinical information and documentation.

Act 32/2003 of 3 November (State Telecommunications Act).

Act 62/2003 of 30 December on fiscal measures, administrative measures and measures of a social nature.

Article 64 of the Workers’ Statute established the right of works councils to issue a report on the introduction of monitoring

Articles 5 and 20 of the Labor Act give employers the right to direct the labor activity and to monitor or supervise employees’ work-related obligation – but these rights must not impinge the dignity of the workers.

Data Protection Authority has rendered decision that the Spanish Privacy Act allows monitoring of emails if the workers have been previously notified of the surveillance.