In a decision of November 10, 2021, the French Supreme Court reminds us that it is forbidden for the employer to divert technical tools from their intended purpose in order to monitor employees’ activity. 

In order to prove the existence of serious misconduct, the employer filed a CCTV extract before the Employment Tribunal and later before the Court of Appeal.

The employees had been informed of this system and of the fact that it was intended to ensure the security of goods and persons.

This information was deemed insufficient.

For the French Supreme Court, it was up to the employer to inform its employees that the CCTV also enabled him to collect and use personal information.

Let’s guess that this solution will soon be transposed to home office IT tools.

#employmentlaw #CCTV