El factor confianza y la lógica del control en la empresa: algunas reflexiones ético-jurídicas a propósito de las estrategias de prevención del delito de los trabajadores

Abstract

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In the framework of criminality in a company, certain duties of surveillance and control by the employer can be identified to attribute different kinds and degrees of liability to him/her for those crimes committed by others within the organization. On the contrary, some limits also arise from the duty to respect an employee’s privacy. As a result, the implementation of prevention and control strategies must be put into practice respecting certain principles in order to balance conflicting interests, so that no strategy can be applied without regard for these boundaries. This paper focuses on the ethics and legal foundation in that field, providing from personalism and communitarism some certain principles in order to orientate practises in a company environment.

Keywords

Business Ethics, Surveillance and Control over Employees, CCTV, Right to Privacy at Workplace, Trust versus Control, Crime Prevention in a Company, Personalism, Communitarianism