[1]
The case concerned the dismissal of an SNCF (French national railway company) employee after the seizure of his work computer had revealed the storage of pornographic files and forged certificates drawn up for third persons.
[2]
The Court noted that the consultation of the files by Mr Libert’s employer had pursed a legitimate aim of protecting the rights of employers, who might legitimately wish to ensure that their employees were using the computer facilities which they had placed at their disposal in line with their contractual obligations and the applicable regulations.
[3]
The Court observed that French law comprised a privacy protection mechanism allowing employers to open professional files, although they could not surreptitiously open files identified as being personal. They could only open the latter type of files in the employee’s presence. The domestic courts had ruled that the said mechanism would not have prevented the employer from opening the files at issue since they had not been duly identified as being private.
[4]
Lastly, the Court considered that the domestic courts had properly assessed the applicant’s allegation of a violation of his right to respect for his private life, and that those courts» decisions had been based on relevant and sufficient grounds.
Judgement of the ECHR no. 588/13 of 22 February 2018
Source: press release of the ECHR no. 072 (2018) of 22 February 2018
