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French Appeals Court Rejects Geolocation-Based Evidence in Employee Privacy Case

Posted on October 7, 2010 by pogowasright.org

On September 14, 2010, a French Appeals Court in Dijon (the “Court”) upheld a decision against an employer that had terminated an employee who not only used a company car for personal reasons, but also committed serious traffic violations while using the vehicle.  The Court rejected evidence collected using a Global Positioning System (“GPS”) device embedded in the company’s vehicle on the grounds that the employer (1) had failed to register this data processing activity with the French Data Protection Authority (the “CNIL”) and (2) had not given proper notice to employees regarding the use of GPS devices in company cars.  Nevertheless, the Court ruled that the use of a geolocation device in the employment context does not necessarily constitute an invasion of an employee’s right to privacy, provided the employer complies with applicable laws.

Read more on Hunton & Williams Privacy and Information Security Law Blog.

Via @PrivacyMemes

Category: CourtNon-U.S.Surveillance

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