European Data Protection Digest

Court Rejects GeoLocation Evidence

PRIVACY LAW—FRANCE

October 8, 2010

Hunton & Williams reports on a French Appeals Court decision related to employee privacy. Last month, an appeals court in Dijon upheld that an employer could not use global positioning system device data from a company vehicle as evidence in the termination of an employee because the employer had failed to register that type of data processing with the French data protection authority (CNIL), the Privacy & Information Security Law Blog reports. The court also found that the employer had not properly notified the employee about its use of GPS. The French Labor Code states that "no device may be used to collect personal information about an employee without giving him prior notice."
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