The Regional Labor Court of Berlin-Brandenburg ruled that an employer may be entitled to analyze the browsing history of a work computer even without the employee’s consent to ascertain facts for a dismissal.
Private use of a work computer permitted
The employer had provided the employee with a work computer. The employee was allowed to use the internet in a private capacity in exceptional cases during break times. After evidence emerged of a substantial private use of the internet by the employee, the employer analyzed the browsing history of the work computer without the employee’s consent. The employer discovered that the employee had used the internet for a total of about five days within a period of 30 working days. Thereupon, the employer terminated the employment.
The Regional Labor Court ruled that the dismissal with immediate effect was effective, as – after giving due consideration to the interest of both parties – the non-permitted use of the internet justified the immediate termination of the employment. The evidence gained from the analysis was admissible. Although the data were personal and the employee had not agreed to the control, the use of the data was admissible because the law permitted abuse controls even without consent and the employer had no other way of proving the non-permitted use of the internet. The court allowed an appeal on points of law.
Judgment of 01/14/2016 – 5 Sa 657/15