Right to privacy (724,-666)

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Keywords: Right to privacy
Total judgments found: 3

• Judgment 3881

  
  124th Session, 2017
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant challenges the decision not to grant him sick leave after his dismissal for misconduct.

  Consideration 9

  Extract:

  [T]he complainant’s confidentiality was breached when, without his consent, the certificate [...], which mentioned the nature of his incapacity, was disclosed to the Appeals Committee with the FAO’s reply in the internal appeal proceedings. The information it contained was then specifically repeated in the Appeals Committee’s report to the Director-General. As a result, the Tribunal finds that the FAO breached the complainant’s right to privacy when confidential medical information concerning the nature of his incapacity was passed to third parties. This aspect of the complaint is therefore well founded and the complainant will be awarded [...] moral damages in the circumstances.

  Keywords:

  confidential evidence; medical certificate; moral injury; right to privacy;
  

  
  
  

• Judgment 2741

  
  105th Session, 2008
  International Olive Oil Council
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 3

  Extract:

  The complainant asserts that he was deliberately excluded from the decisive initial phase of the investigation, which made it impossible for him to prevent any tampering with the equipment seized in his office. He argues that because the search of his computer equipment was carried out in secrecy, his “worker’s dignity” and his right to privacy were unjustifiably violated which, in his view, renders the evidence thus gathered inadmissible. […] Any worker has the right to be protected against arbitrary or unlawful interference by an employer in his or her private life or correspondence. Any interference in a worker’s private life ordered exceptionally by an employer to safeguard the normal and secure functioning of a company’s information technology system must be undertaken in the presence of the worker or his or her representatives. If that is not possible owing to the urgency of the situation, all reasonable precautions should be taken to ensure that the accessing of the worker’s personal files remains within the bounds of what is required for company security, that any unjustified disclosure or dissemination of personal information is avoided and that any tampering with the computer equipment is prevented. In addition, the person concerned must be informed without delay of the investigations conducted and given all reasonable means to assert his or her rights. These basic principles are applicable to employment relations within international organisations.

  Keywords:

  inquiry; investigation; procedural rights during investigation; right to privacy;
  

  
  
  

• Judgment 2271

  
  96th Session, 2004
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 7

  Extract:

  "The confidential nature of medical information concerning the state of health of staff members constitutes a key element of their right to privacy. It is no doubt both necessary and legitimate for an international organisation, like any employer, to investigate requests for sick leave, to examine medical certificates and to have the health of its staff members checked by appropriate means. Such information should be gathered and processed on a fully confidential basis, however, and should never be communicated to third parties without the explicit consent of the person concerned. [...] The fact that the members of the Appeals Committee are bound by an obligation of confidentiality does not mean that information covered by medical secrecy can be disclosed to them without the consent of the persons concerned."

  Keywords:

  communication to third party; confidential evidence; internal appeals body; lack of consent; medical certificate; medical records; organisation's duties; right to privacy; sick leave;