French Supreme Judicial Court Rules That Employee's Personal Information Processed Before CNIL Registration Cannot Be Used As Evidence To Support Employee Dismissal
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This decision overturns a 2009 decision, in which an appellate court decided that personal data processing that enables the employer to monitor employee email did not disqualify the evidence.
On October 8, the French Supreme Judicial Court (Cour de
cassation) ruled (source document in French) that evidence
resulting from personal data processing that occurred prior to
registration with the French Data Protection Authority
("CNIL") is illegal and cannot be used to support an
employee dismissal. This decision overturns a 2009 decision, in
which an appellate court decided that personal data processing that
enables the employer to monitor employee email, even if registered
afterward with CNIL, did not disqualify the evidence.
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