Facial recognition software as an instrument for controlling the working day: the impact of technology on the fundamental rights of workers

Arturo Montesdeoca Suárez

Keywords

Protection of personal data; biometric data; facial recognition; workday registration; fundamental rights; impact assessment.

Abstract

The registration of working hours is a right in favor of workers, as a direct manifestation of the limitation of the working day and, therefore, the protection of their right to safety and health at work. But, it also constitutes an obligation imposed on the company to control the limit of the daily working hours of the entire workforce. At this point is where the controversy that concerns us here arises, the use of a means of controlling digital daily working hours and, more specifically, a biometric device. Therefore, a serious legal debate arises regarding the interpretation of labor regulations, ex art. 34.9 ET, and the specific regulations regarding data protection, the RGPD. This leads us to analyze and evaluate a fair balance when determining what type of digital workday control system does not violate the fundamental rights and freedoms of workers.