Employer may check browser history for private internet use at the workplace, LAG Berlin-Brandenburg, 14.01.2016 - Sa 657/15

The employer had allowed the employee to use the internet privately during breaks. When the employer suspected the employee of using the internet on the work computer for private matters to a considerable extent, the browser history was evaluated. The employer discovered private use of around five days in a period of 30 days, whereupon the employment relationship was terminated without notice.

The Berlin-Brandenburg Regional Labor Court deemed the termination without notice for good cause to be effective, as the considerable private use of the Internet justified the immediate termination of the employment relationship. The employer was entitled to present and use the findings from the review of the browser history in the court proceedings. The Regional Labor Court did not assume a prohibition on the use of evidence, which is usually assumed in the case of unlawful procurement of evidence. Even if the employee had not consented to the use of their personal data, the data could still be used in court proceedings. The Federal Data Protection Act allows the data to be analyzed in order to monitor any misuse. Furthermore, the employer would not have been able to prove the private use of the internet in any other way.

The ruling is not yet legally binding. An appeal to the Federal Labor Court has been permitted.

Date: 14. Jan 2016