Ferloo.com- Following a complaint concerning possible violations of state privacy of Africa Oil’s employees, the Personal Data Protection Commission (HRC) conducted a survey that identified several breaches of Law 2008-12 of 25 January 2008 on the protection of personal data.
In particular, the employer installed without informing the concerned spyware (a proxy) in order to view the history of all activities of employees on computers at their disposal. An attempt to legitimize this practice was carried out by the channel a memo which dealt only with the ban during the service hours of reading newspapers, magazines, indulge in computer games at computers as in mobile phones “with no details on the use of private messaging and the Proxy installation.
On this basis, the employee was dismissed for” use of work computer for purposes unrelated to the company’s activity, “Africa Oil has joined the letter of dismissal over 100 messages to purely intimate drawn from the private messaging complainant.
Session plenary of the COP has decided to give notice to the company Africa Oil to comply with the law by uninstalling the software and immediately declaring its personal data processing within a month.
the failures are related to the non-respect of:
– right to the employee’s prior information;
– the proportionality principle;
– principle of consent.
– the principle of lawfulness and fairness
This notice is made public to call particular attention to the need of businesses to respect scrupulously the fundamental right to privacy of employees. It is forbidden to install software to spy on employees as part of their work.
The CDP recalls that no action will be taken in this procedure if Africa Oil’s compliance with the law on time. In this case, the closing of the procedure will also be an advertisement. Failing this, the President of the COP may transfer the case to the Committee for sanction to impose a sanction against Africa Oil.
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