The protection of privacy in criminal processes and corporate investigations: an analysis on smartphones monitoring

Abstract

The study aims to determine to what extent the evidence collected in the scope of the so-called corporate investigations can be used in criminal proceedings. And in order to better assess the problem, the focus of the work will be on the possibility of using the monitoring and seizure of electronic equipment made available to employees, especially smartphones. In these terms, it is intended to address, in the foreground, how compliance guidelines impose on the company a new previous stance of irregular activities that are practiced in its structure and how this makes corporate (or internal) investigation a reality growing. Then, the objective is to outline the aspects of using the evidence that can be transferred to corporate investigations. In the third chapter, the focus will be on the more specific aspects of modern business activity, appropriate in how new technologies have assumed a prominent role in labor activity and, moreover, how the disposal of equipment for such purposes generates a conflict between workers' rights. and company prerogatives. Finally, an analysis focuses on the company's assignment of smartphones and monitoring limits and delves into these devices, so that the evidence derived therefrom can be seen as valid in criminal proceedin.