Can I get the private telephone number of an employee?
![Introduction](/img/i_point_en.gif)
Despite considerable efforts and help from his employees, a department head could not lay his hands on a litigation file, into which he wanted to place a photocopy of the case law.
![Trigger](/img/d_point_en.gif)
The employee in charge of the case, who has no supervisory responsibilities or decision-making skills, was on vacation.
![Incident](/img/p_point_en.gif)
The head of department asked the Human Resources Department (HRD) to give him the private telephone number of the employee, which was in his personnel file.
![Resolution](/img/r_point_en.gif)
The HRD refused because they did not have the employees consent.
![Conclusion](/img/c_point_en.gif)
Personal details may be communicated only with prior consent of the data subject or, failing this for imperative reasons or a serious motive on behalf of department.
Recommendations
Work procedures should be developed in such a way so as to allow the continuation of the activity in the absence of an employee.
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