The group conversations of workersthrough the messaging application WhatsAppare protected by the secret of communicationsaccording to a sentence issued by the Plenary of the constitutional Court (CT).
“For this Court, the conversations that take place using this application (WhatsApp) must also be protected by the right to secrecy of communications, which is recognized in article 2.10 of the Constitution” reads the foundation number 10 of the Judgment No. 4/2022corresponding to a constitutional tort appeal filed by a worker, within an amparo proceeding.
However, the TC mentions that this right cannot be invoked to exclude a test that is based on the messages in this application, as long as this information has been provided by one of the members of the group conversation.
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Namely, East constitutional right safeguards the content of the information of a third person outside the conversationwhich “intends to subtract, intervene or intercept the information poured into these messages”, refers to the constitutional Court.
Political Constitution and secrecy of communications
According to article 2 of the Political Constitution of Peruone of the Fundamental rights of the person is the right to secrecy and inviolability of their communications and private documents.
Thus, “private documents obtained in violation of this provision have no legal effect,” according to the Magna Carta. Unless, by order of the judge, the communications of a citizen have been opened, seized, intercepted or intervened.