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  • Privacy & Data Protection
  • 14-03-2018

For various reasons, employers may wish or need to check files on an employee's desktop or laptop. From a legal point of view, this is often tricky as privacy laws and other legislation may impose restrictions.

In Libert v France of 22 February 2018 (available in French), the European Court of Human Rights (ECHR) ruled that employers may access files on an employee's computer which are not clearly marked "private" without violating Article 8 of the European Convention on Human Rights. It follows from this decision that files not marked private are considered professional documents which may be freely accessed by the employer.  

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