Anna Kudinova

15 November 2025

How far does the right to privacy at work go?

An SNCF employee had been dismissed after inappropriate files and false certificates drawn up for the benefit of third parties were discovered on his work computer.

The employee believed that his employer had violated his right to privacy by opening his files without his being present.

⚖️ The European Court of Human Rights (ECHR) found no violation of Article 8 of the Convention (right to respect for private life).

It held that the French authorities had not exceeded their margin of appreciation:

  • the employer was entitled to consult professional files,
  • but could only open files identified as personal in the presence of the employee.

In this case, the files were not clearly identified as "personal," so consulting them in the employee's absence was not found to be contrary to the right to privacy.