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Can my employer use my private telephone number?

Introduction

An employee who has no supervisory responsibilities or decision-making skills, is absent for a long time and did not take any steps to make his professional messages available.

Trigger

His manager wants to access his email.

Incident

The head of department asked the Human Resources Department (HRD) to show him the personnel file in order to get the employee's private details or at least to forward them to him.

Resolution

The HRD refused because they did not have the employees consent.

Conclusion

Personal details may be communicated only with prior consent of the data subject or, failing this for imperative reasons a serious motive on behalf of the department.

timbre signification

Recommendations

The work procedures must be developed in such a way as to allow the follow up of the activity during the absence of a co-worker.

Basic principles

Cst. 13 al. 1 ; CP 143, 179novies and  321ter ; CO 328 and 328b

The right to respect privacy including correspondence, worker protection, transparency of data collection (recognisable purpose and to be used for this purpose only), confidentiality (data security).

Resources

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