This decision follows the doctrine established by the Supreme Court in February 2018 on the control of work email by employers, now extending its scope to messaging applications.
The ruling, in which Judge María del Carmen Prieto was the rapporteur, maintains that this surveillance by the employer does not violate the right to privacy or the secrecy of communications. However, this decision has generated significant debate on the line that separates legitimate supervision in the workplace from the invasion of employees' privacy.
In favor of the TSJM decision, it is argued that WhatsApp conversations on corporate phones may be related to work matters, and their supervision could be necessary to guarantee the security of the company, prevent the inappropriate use of resources and protect confidential information. It is also argued that employees should be aware that their company-provided phones are work-related assets and therefore cannot expect the same level of privacy as they would on their personal devices.
On the other hand, critics of this decision argue that employee privacy should be more robustly protected. They argue that constant monitoring of WhatsApp conversations could create a tense work environment and generate distrust between employers and employees. Furthermore, there are concerns that this decision could pave the way for further invasion of privacy in the workplace, opening the door to monitoring other apps and employees’ personal activities.