EELA Updates

Summary

2012-03-14

2013/13 Article 8 ECHR does not prohibit an employer from accessing private employee emails (LU)

Secrecy of correspondence does not prevent an employer from accessing the content of a document sent by an employee from the company’s laptop even if the employee uses his private mailbox, when the file has not been identified as personal and the interests of the company justify it.

Court of Appeal, 2012-03-14

Case report

2012-01-24

Poland

2012/27: Protection of personal data in relation to union membership (PL)

The rules protecting personal data prevail over those on consultation between employer and trade union in individual dismissal cases.

Sąd Najwyższy (Supreme Court), 2012-01-24

Summary

2012-01-24

2012/27: Protection of personal data in relation to union membership (PL)

The rules protecting personal data prevail over those on consultation between employer and trade union in individual dismissal cases.

Sąd Najwyższy (Supreme Court), 2012-01-24

Case report

2010-02-23

Italy

2010/70: Illegal monitoring of employees makes collected evidence of computer abuse inadmissible in dismissal proceedings (IT)

An employee was discovered having repeatedly accessed the Internet during working time and was dismissed on the grounds that such computer use was in breach of the company’s regulations. The employer had found out about the transgression with the aid of ‘Superscout’ software. This made the discovery illegal. Hence the evidence of the transgression was inadmissible and the dismissal was ineffective.

Corte di cassatione (Italian Supreme Court), 2010-02-23

Summary

2010-02-23

2010/70: Illegal monitoring of employees makes collected evidence of computer abuse inadmissible in dismissal proceedings (IT)

An employee was discovered having repeatedly accessed the Internet during working time and was dismissed on the grounds that such computer use was in breach of the company’s regulations. The employer had found out about the transgression with the aid of ‘Superscout’ software. This made the discovery illegal. Hence the evidence of the transgression was inadmissible and the dismissal was ineffective.

Corte di cassatione (Italian Supreme Court), 2010-02-23

Case report

2009-12-01

2010/37: Personal data protection in employment (PL)

The employment relationship does not guarantee that consent to process his or her personal data is given freely by the employee. The provisions of the Polish labour law provide an exhaustive list of data which an employer may demand. The use of biometric data to control working time is disproportionate to the objective which it seeks to attain.

, 2009-12-01

Summary

2009-12-01

2010/37: Personal data protection in employment (PL)

The employment relationship does not guarantee that consent to process his or her personal data is given freely by the employee. The provisions of the Polish labour law provide an exhaustive list of data which an employer may demand. The use of biometric data to control working time is disproportionate to the objective which it seeks to attain.

, 2009-12-01