German court prohibits use of spyware by employer
A German court has determined that an employer is not a software can bet that the internet and the keystrokes of employees records.
The Bundesarbeidsgericht, the highest court which decides on labor disputes, has decided that an employee of a media company should not have been dismissed on the basis of evidence that such spyware has been collected.
The man worked as a programmer at the company, his employees to be the beginning of 2015 informed about the afluistersoftware on company computers.
The developer was fired after using the software, it turned out that he during his work tasks carried out for another company. According to the man it went to very limited activities, mostly during his breaks took place.
The court determined that the use of the afluistersoftware an unlawful manner is for employees to check. It was only been permissible to use here, when there is a suspicion of criminal behaviour or serious shortcomings in the work, said the judge.
According to the Authority of Personal data may Dutch employers only steeksproefsgewijs the e-mail and internet use of their employees check. If there is a suspicion of abuse, may controls under certain conditions, also secretly be performed.