Lawyer for non-compliant employee surveillance

Are you a victim of surveillance abuse in your company and looking for a specialist lawyer to defend you? Do you wish to challenge evidence from a non-compliant employee monitoring system or report non-compliant practices as a CSE member? Employee surveillance is a sensitive subject, governed by strict rules aimed at protecting individual freedoms. When an employer oversteps these rules, it can lead to violations of employee rights and serious disputes.

In this context, it is essential to know how to react and who to call. At Macfarlanes LLP, we put our expertise in social law at your service to support you in defending your rights. Our specialists can act as intermediaries in the event of a disagreement or challenge evidence obtained illegally. We can also audit and help you regulate your surveillance system.

Legal framework for employee surveillance in a company

Any employer has the authority to implement means of monitoring employee activity. This includes surveillance at the workplace as well as remotely, particularly in the case of telework.

To do so, several mechanisms can be used:

• video surveillance cameras;
• geolocation systems;
• computer monitoring software.

La surveillance des outils numériques, tels que l’ordinateur ou la messagerie professionnelle est également possible. Il en va de même pour les téléphones professionnels. Ces outils visent à assurer la sécurité du personnel, le bon fonctionnement de l’entreprise et la protection des biens. Toutefois, leur usage doit strictement respecter le cadre légal pour éviter toute atteinte aux libertés individuelles ou à la vie privée des salariés.

Before implementing any monitoring system, informing the employee is mandatory. The Labor Code, in its article L.1222-4, requires full transparency. No device may collect personal data without the employee being informed. This requirement protects employees against any secret or hidden surveillance. Consulting employee representatives is also a mandatory step.

The works council, or the CSE when in place, must be informed and consulted before any installation. Similarly, a declaration to the CNIL may be necessary depending on the nature of the data collected. In this information process, employers must specify the purpose of the processing, the data concerned, the recipients, and the retention period. This helps ensure compliance of the system and limit legal risks related to non-compliant employee surveillance.

Faced with the complexity of this regulatory framework, our firm offers comprehensive support. We organize training sessions to raise awareness among your teams about rights and obligations regarding surveillance. Our lawyers intervene to audit your practices or defend you in the event of litigation. Whether before installing a system or to resolve a conflict, you can rely on our expertise to secure your procedures and protect everyone's rights.

Non-compliant employee surveillance: legal representation

When an employer implements monitoring without complying with legal obligations, it becomes unlawful, even if based on a legitimate objective. Using such means without the knowledge of employees is often deemed intrusive or a violation of employees' fundamental rights. In such cases, the legal consequences for the employer can be severe. The CNIL may impose fines of up to 20 million euros.

In parallel, if the surveillance seriously infringes on the employee's private life, the employee may refer the matter to the criminal judge. Penalties may include prison sentences and damages. However, professional representation of the employee is essential to assert their rights.

Indeed, our law firm specialized in business criminal law and social law offers legal assistance to better manage conflicts related to non-compliant employee surveillance.

If you are faced with abusive or covert surveillance, you can then call on our professionals to initiate the necessary procedures. First, we act as intermediaries to ease tensions and seek an amicable solution. This initial step often allows internal practices to be corrected without resorting to the courts, while ensuring the protection of your interests.

If the discussion fails, we help you draft a complaint setting out the observed shortcomings, particularly in the event of lack of information, consultation of the CSE or excessive collection. We prepare with you all the necessary documents to refer the matter to the competent authorities. In addition, we represent you before the courts to have your rights recognized and obtain compensation.

Non-compliant employee surveillance: harassment or dismissal

Beyond infringements on privacy or non-compliance with GDPR legal provisions, the use of surveillance in the workplace becomes problematic when the data collected is used to sanction or dismiss an employee. It is indeed possible for a video, an email log, or digital tracking to be used as evidence to sanction or dismiss an employee in the event of misconduct. However, for a sanction to be legitimate, the evidence must have been gathered transparently and proportionately.

Otherwise, the dismissal procedure or disciplinary sanction may be deemed abusive. This situation opens the way to proceedings before the employment tribunal. This judicial body carefully monitors respect for the employee's rights during the collection of evidence. So, if the evidence is deemed unlawful, the dismissal can be annulled and damages may be awarded.

You can therefore challenge a sanction or a contract termination if you believe that the surveillance against you was abusive, unjustified, or concealed. In some cases, these practices may also be considered a form of moral harassment. Whatever the situation, our lawyers can support you through all stages of this challenge. We can analyze the regularity of the procedure and the evidence presented.

If possible, we initiate a dialogue with the employer to prevent litigation. However, if the procedure is already underway, we build a solid case to demonstrate irregularities, violations of privacy or failures of transparency. Thanks to our intervention, judges can annul the sanction and order your reinstatement or compensation. We also represent employers unjustly accused of having implemented abusive surveillance.

In these sensitive cases, our specialists ensure that everyone's rights are respected. We investigate the context, internal exchanges, tools used, and defend your position professionally. You can also contact us at the start of dismissal procedures related to misconduct detected via surveillance. Our experts can assist you in preliminary interviews and draft the notification properly. This helps avoid errors that could render the procedure void.

Legal assistance from our lawyers to avoid cases of non-compliant surveillance

Preventing the risks of non-compliant employee surveillance requires a good understanding of the legal framework and rigorous implementation of the resulting obligations. It is in this logic that we offer complete legal assistance for all companies wishing to install an employee surveillance system. Even before installation, we help you clarify the objectives pursued and verify their proportionality.

If you already have an existing system, we can carry out a compliance audit to assess your current practices, identify any gaps, and make the necessary adjustments. This essential step protects you in the event of an inspection by the labor inspectorate or the CNIL. It also helps ensure employee trust and avoid internal conflicts. In addition, we assist you in drafting a clear and precise policy on monitoring within your company.

This document, developed in line with your specific constraints, details the monitoring methods, the tools used, and the guarantees offered to employees. It can be integrated into your internal regulations or any official information medium. This transparency helps to legally secure your decisions while fostering a serene work environment.

Our specialists also assist you in exchanges with employee representatives. We prepare with you the documents to present to the Social and Economic Committee (CSE) and help you conduct consultations in compliance with the rules. If necessary, we can also intervene in the negotiation of a specific agreement governing employee surveillance.
Our lawyers also handle mandatory administrative procedures, such as the declaration to the CNIL or the creation of a register of personal data processing. We help you meet your obligations regarding data retention, IT security, and employee access rights.