Los identificadores por radiofrecuencia (RFID) y su uso como un “novedoso” mecanismo de control empresarial

Authors

  • Jorge Arredondo Pacheco Universidad Rey Juan Carlos, Madrid
  • Daniela Hirsch Vergara

Abstract

The speed with which technology advances is not a new subject, nevertheless, it is in the way in which the integration of such is carried out in contexts that were not as originally intended. In this light, radio frequency identification (RFID), are devices designed to be the perfect replacement for today known “bar codes”. Designed for the purpose of management control or identification of goods or articles that are being monitored, its use has escaped these initial tasks. In effect, albeit not very popular yet, there can be experiences in which these chips have been implemented by the company to give tangible expression of management control of personnel. The challenge that this brings is how does labor law face this new reality and how does labor law protect workers from the violation of rights such as privacy or data protection. This article is intended as a first approach to the study of this breakthrough technology with labor rights implications, thereby drawing the attention to situations that could spreadout tomorrow.

Keywords:

Radio frequency identification, employer’s control attribution, intimacy right, data protection

Author Biographies

Jorge Arredondo Pacheco, Universidad Rey Juan Carlos, Madrid

Magíster en Derecho del Trabajo y de la Seguridad Social

Daniela Hirsch Vergara

Abogada, Diplomada en Derecho del Trabajo, Universidad Diego Portales