ABSTRACT
This paper analyzes the expanding use of legitimate covert CCTV in the workplace in Spain. By examining the recent evolution of the jurisprudence in that field, we focus on the legal reasons that support court decisions from 2000 to the present and add some criminological and ethical perspectives to better comprehend not only the legal rationale, but also some other collateral effects that employers should take into account in implementing covert surveillance. We conclude that verification of a previous objective pattern of risk involving criminal behavior is crucial for ceding the general principles on respecting privacy. The central argument involves the exceptional case an employer may find when there is a continuous situation and the only way to stop it is by discovering the wrongdoers in action. The paper shows the method for further research and a more detailed rationale for improving legal and decision-making analyses in this field.
