Supreme Court rules printed WhatsApp screenshots are valid labor evidence

The Labor Cassation Chamber of the Supreme Court of Justice has ruled that printed screenshots of WhatsApp messages can serve as documentary evidence in labor law proceedings. According to the court, these physical printouts fall under the category of documentary evidence as established by Article 243 of the General Process Code, rather than being treated as electronic data transmissions under Law 527 of 1999.

The court clarified that while these screenshots may lack a formal signature, they can be considered qualified evidence if the opposing party does not dispute their authenticity or content. However, the ruling emphasized that the mere admissibility of a screenshot as a document does not automatically prove the claimant's assertions. The evidentiary weight depends entirely on the specific content of the messages.

In a specific case reviewed by the chamber, a worker attempted to use a WhatsApp screenshot to prove that an employer had authorized a trip during which a traffic accident occurred. The court upheld a previous ruling, noting that the image provided did not show a response or clear assent from the employer, thus failing to establish the necessary authorization or confession.