By Pascale Gelly

Employers also have a right of access

An employee who was terminated for abusing his employer's IT resources claimed that the employer's access of his internet navigation history violated his right to privacy and labor and employment code. However, the Supreme Court determined that an employer can access navigation logs for internet connections made during working hours using the employer's IT resources, as such connections are presumed to be of a professional nature.

The Supreme Court also determined that the employer could access such logs on an employee's PC without that employee being present. This decision contrasts with an earlier Supreme Court decision requiring an employer to offer the employee the option of being present during the search of his PC. The latter decision was, however, made in a context where the employer intended to access files containing personal (i.e. non professional) content.


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