Life of the company

It is possible under conditions to settle video surveillance without informing its employees

Publié le 26 mars 2024 - Directorate for Legal and Administrative Information (Prime Minister)

The employer may settle a video surveillance device without informing its employees if this is proportionate to the aim pursued. This is what the Court of Cassation said in a ruling issued on February 14, 2024, published in the Bulletin.

Image 1
Image 1Crédits: TimmyTimTim -

One employee was dismissed for serious misconduct due to flights detected by video surveillance. Since she was not informed of the installation of this device, she brought the matter before the courts and considered that her dismissal should be annulled, as the evidence provided by the employer was unlawful.

The Court of Appeal dismissed his application on the ground that the CCTV device was indispensable to produce evidence of theft from the stocks of goods and proportionate to the aim pursued. The employee is appealing to the Court of Cassation.

The Court of Cassation dismisses the appeal. For her, the unlawful evidence is admissible here because the aim pursued by the employer, namely the protection of company property, is legitimate.

In addition, thepersonal injury in the light of the aim pursued proportionate the recordings were only seen by the company leader within a limited period of time.

Thus, where the use of such a device is indispensable for establishing the proof, video surveillance may be used by the employer without informing his employees beforehand.