Question of social right. With more than 2 billion people connected in the world, Facebook is a societal phenomenon. But also a virtual place where employees put themselves in the scene, including videos unchained, which is hardly compatible with the pattern of stop-disease (Cour d’appel d’aix, December 22, 2017). They express themselves very freely, in a merry mix of private/professional.
In fact, their “friends” are sometimes vague colleagues, but also customers or suppliers. And runaway is common in some private groups with many thousands of employees of the same company, sometimes making a shade for the trade unions ‘ demands. The problem is that, if the words (coffee trade) fly away, writings remain !
800 euros of damages
But how can an employer be aware of potential blunders ?
The judgment rendered by the Court of cassation on 20 December 2017 explained : a manager, who has got wind of criticism on the account Facebook private from a co-worker asks one of his employees to connect with its mobile phone business, and is slip that he is immediately found by a bailiff.
The court confirms, unsurprisingly, the inapplicability of the issue, as well as the 800 euros of damages affected to a privacy breach : “The report prepared at the request of the employer relating to the information extracted from the account of Facebook employee obtained from the mobile phone of one of his colleagues, reserved information to authorized persons, the employer may not access it without damage disproportionate and unfair to the privacy of the person concerned. “
Nothing really new in civil – not criminal – since the judgment of 16 January 1991 : “The loyalty which should preside over the labour relations prohibits the use by the employer of the fireworks and…