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Spy Cell Phone and Corporate Infidelity ruling by the Court of Cassation

Corporate Infidelity

You can use a spy cell phone to discover real cases of corporate infidelity? Obviously yes.

True, the legal constraints linked to the use of a spyphone in general are quite clear: Spying on a person without their knowledge is a crime, even if it's about keeping an eye on your employees.

Ruling of the Court of Cassation on a case of corporate infidelity

Yet, according to what was reported in the ruling of the Court of Cassation n.20440/15 of 12/10/2015, in certain circumstances the employer can make use of investigative agencies (which use, among other things, GPS satellite localization systems) to monitor the work of your employee off-site. In this case, these are defensive checks aimed at detect illicit behavior of its collaborators and subordinates during working hours.

The sentence in question starts from a incident involving an "itinerant" worker who, instead of doing his duty, willingly lingered at the first bar or restaurant he came across along the road. It was discovered thanks to a  GPS tracker installed by investigators on the man's car (here are several examples of spy GPS trackers). This was enough for the employer to initiate a lawsuit against the latter dismissal procedure for just cause.

Legally Spying on an Employee

Di episodes of corporate infidelity like the one which is the subject of the aforementioned sentence, the media and magazines are full: public employees who have their time clock stamped to pitch a tent in the bar under the corner, workers who are absent to go shopping or go to the hairdresser, etc. Not to mention much more serious crimes, such as the theft of objects or theft of company secrets, for which the issue of privacy would even disappear.

In these, as in many other cases, a spy cell phone has a certain usefulness and reason for existing. However, it is advisable to always pay close attention: monitoring operations must be prepared legally and for preventative purposes only. How? For example, making the worker aware that spy software is being used to track his location. This is the right behavior to adopt to avoid serious legal consequences.

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