The Keylogger Decision of the Federal Labour Court – Exclusion of Evidence Due to Data Protection Violation

Bernd Schmidt Employee Data Protection Leave a Comment

The Federal Labour Court (Bundesarbeitsgericht) had to decide on the effectiveness of the termination of a web developer who used substantial parts of his working time for private activities. The employer had gained this insight by using a keylogger, without any concrete suspicion of a criminal offence or serious breaches of duty by the employee. (Judgment as of 27.07.2017, BAG …

Dismissal based on serendipitous disclosure by covert video surveillance

Claudia Bischof Employee Data Protection Leave a Comment

In a recent decision of 22 September 2016 (2 AZR 848/15), the Federal Labour Court (BAG) dealt with a dismissal based on serendipitous disclosure of facts by a covert video surveillance. Therefor the legal changes resulting from operating covert video surveillance are summarized below.  I. The facts The applicant had been working as a deputy branch manager for likely 15 …