Surveillance: Freedom Of Business

Surveillance: Freedom of Business

Introduction

The Political Constitution of Colombia establishes in Title XII the economic and public finance regime that has to govern the Colombian State and in the article enshrines private initiative and company company as rights. Despite the previous consecration, there is no normative definition of what constitutes the right to freedom of business. When referring to freedom of business, it is necessary to be that freedom that citizens are recognized to affect or allocate goods of any kind (mainly capital) for the realization of economic activities for the production and exchange of goods and services according tothe typical guidelines or models of the contemporary economic world.

Developing

With a view to obtaining a benefit or gain. In comparative law, company freedom has generally been recognized as a fundamental right. Indeed, doctrines such as the German and the Spanish have assigned the character of fundamental about the assumption of approaching the content and concept of this freedom to other rights expressly recognized by the constituent as fundamental. However, in Colombia the situation is different, the Court itself denied its "iusfundamentality" by using that economic freedoms enunciated in the CN article do not have the same connotation or value of the rights inherent to the person to whom the ConstitutionYes expressly.

He has recognized their fundamental character by placing them in Chapter II of Title I of the Colombian Political Charter.

However, the freedom of the company must always be interpreted and filled with content based on the prevalence of the general interest on the individual, in addition, this concept is subject to the imposition of limits, which in no case can reach the extreme ofcancel the right, but on the contrary, at least the minimum content of that right must be respected. Pronouncements of different control entities in Colombia. Faced with the issue in question, according to the Ministry of Labor there is no regulatory provision that regulates the installation of video cameras within the jobs within Colombian labor legislation.

Nor has it been established whether these acts are legal or contradict the law. Therefore, the principle of permit would be applied, according to which everything that is not prohibited is allowed. The foregoing, obviously without violating or restricting the rights of workers or without offending their dignity, in accordance with the article of the Substantive Labor Code, in which employers prohibitions are established. However, when we refer to the right to privacy and privacy of the worker, we must take into account the sentence, in which it is expressed that the right to privacy is a fundamental right enshrined in the National Constitution and that according to the Court implies,The power to demand respect for an exclusive scope.

It incumbent only to the individual, who is protection of his private possessions, his own tastes and those very personal behaviors or attitudes that are not willing to exhibit, and that external external interference does not fit legitimately. In the sentence, it is established that the right to privacy is not absolute and can be subject to limitations or interference in guard of a true general interest, in labor relations between employer and employee, or among co -workers. Here you must recognize the power of the management and organization employer of your company indispensable for the good progress of the company or entity, which is why you can take measures oriented to the achievement of its objectives.

conclusion

Faced with the theme of video cameras, the Constitutional Court itself has indicated that its use is reasonable to guarantee the protection of their institutional interests, or allow control over the work performance of people at their service, but as long asThe measure is proportional to the end that is sought, that is, it is ideal and necessary. To do this, consider that the measure must be known by the worker, because exceptionally it can legitimize sub -ptics measures. In turn, the prohibition established by the Court against Labor Video is to install video cameras for the filming of the intimate life of the employee or worker, as in the places of personal services, or in the union premises, etc.