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The Supreme Court prohibits the Telepizza system that geolocates its distributors for violating the right to privacy



The Social Chamber of the Supreme Court has confirmed that Telepizza's so-called 'Tracker Project', which forces delivery men to connect their own phones to computer applications of the company to facilitate its geolocation during the distribution, it is null.


There are several reasons for this court decision. Among others, which are workers who have to bring their personal device, with an Internet data plan paid for by them, and that the food company has not given the delivery people the appropriate information about it. Besides, the Invalidity was based on the fact that the business project It violated the right of privacy of the distributors.




A controversy that already started in 2018




Pizza



This conflict between workers and the company has been around for a long time, it is not something new. At the end of 2018, the Comisiones Obreras union alleged that this (at that time, new) system for tracking orders for customers, represents an abuse in the working conditions of workers since lTelepizza deliverymen are the ones who must assume the contribution of their personal mobile phone with an Internet connection and the corresponding economic expense for the wear and tear of the terminal and the data connection to the Internet.



The labor inspectorate agreed with the union since "the work tools must always be provided by the companies" and that the “Tracker Reparto” project provides economic advantages to Telepizza and is to the detriment of the worker, which does not gain any advantage by providing your device and showing its location, among other matters.




At the end of 2019, the demand imposed by the Workers' Commissions and also by the UGT took the case to trial reached the National Court. Finally, it has been the Supreme Court that has settled the matter with the nullity of the Telepizza project.



If the mobile were provided by the company, the picture would be different



The Chamber has concluded that it cannot be accepted that the contribution by the worker of his personal mobile is the same as if the company provides it "since in that case the rights of the workers would not be at stake." Above all, according to the sentence, if this is added "the violation of the right to protection of personal data."







Employee monitoring tools: what things they manage to monitor and what the law says about their use in Spain





In other words, as the ruling dictates, it is not denying that location is a legitimate measure for certain purposes or that it will not avoid a competitive trade deficit, at a time when, "certainly, that system of providing customer service extends into this and other sectors. " The problem is that "the way to implement this control does not exceed constitutional or legal criteria, when there are other ways to run that system other than that ".



The magistrate María Luz García Paredes has indicated in the sentence that it is true that "the company and the worker can agree on the conditions they deem appropriate, which may affect the tools necessary for the development of business activity." But here we do not speak of a pact, but of a project implemented unilaterally by the company about which, in addition to not having been duly informed to the legal representation of the workers, they disagree with it.