ECtHR 17 October 2019, applications no. 1874/13 and 8567/13 (López Ribalda), Privacy, Fair Trial, Unfair Dismissal

López Ribalda and others – v – Spain

2019/19 – Employer liable for wrongful disclosure of data by ‘rogue’ employee (UK)

While an internal auditor who disclosed payroll data on the internet was sentenced to eight years in prison, his employer was found to be vicariously liable for the data breach.

2019/19 – Employer liable for wrongful disclosure of data by ‘rogue’ employee (UK)

While an internal auditor who disclosed payroll data on the internet was sentenced to eight years in prison, his employer was found to be vicariously liable for the data breach.

2019/5 For how long may data of a job applicant be stored? (AT)

The Austrian Data Protection Authority (DPA) has confirmed that the personal data of a rejected job applicant may be stored by the (potential) employer for a period of seven months after they have been transferred by the applicant in order to defend the employer against possible discrimination claims by them. However, after this period the applicant data must be erased.

2019/5 For how long may data of a job applicant be stored? (AT)

The Austrian Data Protection Authority (DPA) has confirmed that the personal data of a rejected job applicant may be stored by the (potential) employer for a period of seven months after they have been transferred by the applicant in order to defend the employer against possible discrimination claims by them. However, after this period the applicant data must be erased.

2018/5 Evidence from long-term keylogger surveillance cannot be used in a dismissal lawsuit (GE)

The German federal court for labour law matters, the Bundesarbeitsgericht (the ‘BAG’), has held that evidence cannot be used in a dismissal lawsuit if the employer has obtained it from long-term surveillance using keylogger-software. Employers must not keep their employees under constant surveillance and must therefore expect their legal position to be weak if they try to dismiss an employee based on findings from such monitoring. The court ruling preceded the ECtHR Barbulescu ruling of 5 September 2017 (featured in EELC 2017/4) in a similar case.

2018/5 Evidence from long-term keylogger surveillance cannot be used in a dismissal lawsuit (GE)

The German federal court for labour law matters, the Bundesarbeitsgericht (the ‘BAG’), has held that evidence cannot be used in a dismissal lawsuit if the employer has obtained it from long-term surveillance using keylogger-software. Employers must not keep their employees under constant surveillance and must therefore expect their legal position to be weak if they try to dismiss an employee based on findings from such monitoring. The court ruling preceded the ECtHR Barbulescu ruling of 5 September 2017 (featured in EELC 2017/4) in a similar case.

ECtHR 9 January 2018, application nos. 1874/13 and 8567/13, Fundamental rights, Privacy

The Spanish courts breached Article 8 of the Convention on Human Rights by accepting covert footage as valid evidence in court.

Lopez Ribalda – v – Spain, Spanish case

ECtHR 9 January 2018, application nos. 1874/13 and 8567/13, Fundamental rights, Privacy

The Spanish courts breached Article 8 of the Convention on Human Rights by accepting covert footage as valid evidence in court.

Lopez Ribalda – v – Spain, Spanish case

2017/20 Data gathered by GPS as a basis for disciplinary dismissal (PT)

Distance-related data gathered by GPS and data reported manually by the employee (a sales representative at a pharmaceutical company) are valid and admissible sources of evidence in the context of a disciplinary dismissal procedure. This decision is innovative in that it contradicts the usual view of the Supreme Court of Justice on the scope of ‘distance-controlled supervision’ for the purposes of assessment of employee conduct.