Privacy Advisor

Global Privacy Dispatches- France- Cybermonitoring

May 1, 2008

By Pascale Gelly

Cybermonitoring before Administrative Court

A frequent visitor of a public library has brought an appeal against a decision to temporary expel him for having used the Internet facilities of the library to access porn sites.
He claimed that he had not been given proper notice of controls of connections. The library's internal regulation specified a clear prohibition to access porn sites and provided that the library's staff was in charge of the implementation of these rules.

The administrative court of Pau considered that the provisions of the library's internal regulation were sufficient to enable the library's staff to operate controls of logs.

This decision seems to be less demanding in terms of notice than decisions in similar cases in an employment context which require a proper notice of data processing activities carried out in the framework of IT surveillance.

Pascale Gelly is Avocat à la Cour within SCM Lambot Gelly Soyer. She may be reached at pg@pascalegelly.com.