Plusieurs employeurs se questionnent quant à la surveillance électronique qu’ils peuvent effectuer auprès de leurs employés, notamment dans un contexte de télétravail en hausse.
Le 7 février 2022, la Cour supérieure du Québec, appliquant la norme de la décision raisonnable, a confirmé[1] une sentence arbitrale rendue le 3 août 2020[2] concluant à la
The Italian Data Protection Authority (IDPA) is increasingly faced with issues relating to the ways employers may monitor the Internet usage of its employees. In 2016, the Authority handed down two important decisions on this topic.
In the first decision, the IDPA stated that an Italian University (the University of Chieti and Pescara) was acting unlawfully in the way that it used e-mails to trace the identity of Internet users. This University, without having given any prior warning to its employees, implemented a system that retained information regarding personal Internet access, for the purpose of service monitoring, internal security and for the prevention of possible investigative inquiries by the Authorities. In essence, the policy, which controls, filters and monitors information on Internet data, enabled the employer to indiscriminately monitor employees from a distance. The IDPA’s decision was based on the argument that this policy breached the relevant principles of “actual need and proportionality of the treatment”. The IDPA considered that the policy was not in accordance with the law because it did not refer to tools used by the employees in performing their duties and had not been previously communicated to the employees.
The impact of the use of social media in the workplace has regularly given rise to controversies and debates as how this subject is to be handled by a company’s management. The current state of employment law is still not entirely settled in this respect. It is however possible to provide some guidance on the