El derecho a la desconexión digital de los empleados públicos: alcance y significado de un derecho emergente en el contexto de la crisis sanitaria

The crisis brought about by the COVID-19 pandemic, in which the legislator has compelled employers in both the public and private sectors to implement remote working formulas, has brought to the fore of public debate the negative effects that improper use of technological devices in the course of public employees' activities can have on their health. Among the few legal instruments that currently exist to combat these effects, one of the most important is the right to disconnect. Recognised by Article 88 of Organic Law 3/2018, on Personal Data Protection and Guarantees for Digital Rights, the right of public employees to disconnect is a highly abstract legal concept with unclear limits, the legal loopholes and shortcomings of which have been fully revealed in the course of the health crisis. The main aim of this study is to examine the scope and content of this digital right in relation to public employment, pointing out the difficulties of interpreting and applying it and suggesting ways of resolving them in the conflicts that our imprecise regulatory system gives rise to.