Collecting data for the labour law process – Caution

An employee was awarded CHF 5’000 in compensation in a Federal Court ruling because the employer had accessed his employee’s private correspondence after dismissing him without notice. He accessed private information on the employee’s mobile phone and business mailbox without authorisation.

The Federal Supreme Court ruled that this constituted disclosure of personal data and thus data processing. The need to gather evidence for a trial on summary dismissal must be proportionate. The access to private data on mail account and mobile phone was disproportionate and a violation of the employee’s personality. (Source: BGE 4A_518/2020 of 25.8.2021)