Conflicto entre derechos laborales y protección de datos personales en el uso de biométricos

Abstract

The implementation of biometric technologies in the workplace has sparked significant legal debate regarding the potential infringement of fundamental rights. Tools such as facial recognition, fingerprint scanning, or iris detection, while intended for attendance and access control, involve the processing of sensitive personal data that must comply with constitutional and legal standards. This thesis examines the legal conflict between an employer’s right to monitor internal operations and the employee’s right to privacy, dignity, and data protection, within the Ecuadorian legal framework. The main objective of this study is to demonstrate that the use of biometric tools, without an appropriate legal basis and without the employee’s informed consent, may constitute a violation of fundamental rights. Specific objectives include: analyzing current data protection legislation, evaluating the principle of proportionality in employment contexts, and reviewing national and international cases addressing these issues. The aim is to provide guidance for employers to adopt responsible practices that respect human rights while fostering a culture of data protection in the corporate environment. The methodology was based on a legal analysis of national legislation, academic doctrine, and relevant jurisprudence. This research identified legal gaps and tensions related to the use of biometric systems in employment settings, leading to the development of proposals that seek to reconcile corporate control mechanisms with the protection of fundamental labor rights, and to promote clearer regulatory guidelines in this area.