The "My Documents" is freely available by the employer
At the office, beware of personal files and other sensitive information. Contrary to popular belief, an employer is absolutely the right to see the entire hard disk of the workstation of its employees, without their permission. The collected files (images or pornographic films mostly, but also documentary evidence of contacts with competitors or disparaging the company from third parties) can then be used as evidence for a dismissal. One exception: personal files.
But how does one determine that a file is personal? The Court of Cassation rendered several decisions to this effect in recent years. The latest, released Thursday, says that a file stored in a folder named "My Documents" can not, despite its name, be considered personal, and can be accessed freely by the superior of the employee concerned.
Appoint his case with his initials or his name is not enough either. The Supreme Court issued two decisions in 2009 explaining that the names were not enough to identify these records as private.
Personal files can be viewed in the presence of the employee
To ensure that certain files can not be accessed without his knowledge by his employer, the employee must create a folder named "Personal" quick pay day loan. For added security, better also add "Staff" in the name of files in the folder.
But beware! If the employer does not have the right to inspect documents "Personal" without asking permission of his employee, this does not mean it does not look right. The Supreme Court has repeatedly emphasized that the opening of these files should be done in the presence of the employee, or following a phone call to warn him, "unless a particular event or risk justifying the deprivation of life private. "
Better to be cautious by not leaving anything to rest on his workstation outside its business documents. If a sensitive document must pass through your desktop, upload it to a support belonging to you, as an external hard drive, USB drive or smartphone … staff.
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