CNIL Guidance on Employee Monitoring and Workplace Video Surveillance
Internet, email and IT tools – CNIL Guidance on Employee Monitoring and Workplace Video Surveillance

CNIL Guidance on Employee Monitoring and Workplace Video Surveillance NET-3: NET-3 Respect messages and files identified as personal

Employees keep, even at work, the right to private life and secrecy of private correspondence. The employer may not freely read personal emails, even where personal use is prohibited; to be protected, messages must be identified as personal (subject marked personal or private, or stored in a folder so named); a folder named with initials or "my documents" is not enough. That protection ceases in a judicial investigation or where a judge authorises access (for example a bailiff appointed by the court). Files identified as personal are opened only in the employee's presence or after calling them, or where a particular risk or event exists.

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