European Data Protection Digest

Court Finds for Employer in E-mail Case

PRIVACY LAW—FRANCE

August 15, 2013

In a post for Field Fisher Waterhouse’s Privacy and Information Law Blog, Olivier Proust writes about the French Court of Cassation’s ruling in favour of a company that dismissed an employee “based on e-mail exchanges between him and a competitor that were found on his computer’s hard drive and used against him as evidence in court.” Proust writes that the employee argued “this evidence was inadmissible because it was unlawfully obtained by the company in violation of his right to privacy,” but the court holds that unless they are marked as private, “documents and files created by an employee on a company computer for work purposes are presumed to be professional, which means that the company can access those documents and files without the employee’s presence.”
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