Employers may not review an employee’s social media, even if they have access to it on a company computer (e.g. the employee failed to log out), and even if using it violated company policy (judgment of the Supreme Administrative Court of 28 May 2026)

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Michalina Kaczmarczyk

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While preparing a computer for another employee, an employer reviewed private messages on messaging platforms, printed them and then used them against a former employee and their colleague.

The Personal Data Protection Office (UODO) reprimanded the employer for violating GDPR.
The employer appealed, arguing that the private messages appeared on the screen automatically. The court rejected these arguments and confirmed a breach of data protection regulations.

 

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