That court Berlin-Brandenburg has ruled that employers may terminate employees if they have illegally surfing at work. For this purpose they may also control their browsing history without prior permission.
Employers may employees because of private Internet use at work terminate. Moreover, it is allowed them to evaluate the browser history of the computer service without prior consent of the employee. This was decided by the Landesarbeitsgericht Berlin-Brandenburg.
The data recovery is permitted if the employer had no other way to prove the extent of the unauthorized Internet use, the court ruled according to a statement on Friday.
data recovery is guaranteed by law, abuse of dominance have
When browsing history if it were indeed to personal information in their control of workers not consented. However, the data recovery is admissible, because the law such an abuse control permit even without the consent of the person concerned and employers had no way to prove the unauthorized Internet use by other means.
In the current case, an employer had the computer checked an employee and found that the employee had used privately on five of 30 working days the Internet. The private use, however, was permitted according to the communication of the court only in exceptional cases during work break. The employment relationship has been terminated then, the court held the immediate termination due to the unauthorized use legal.
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