Smile – You Are On (Secret) Camera

This article discusses the recent approach of the Cour de Cassation in France on rules of evidence in civil proceedings. In a recent ruling¹ relating to the dismissal of an employee for serious misconduct, the Cour de Cassation has reiterated the principle that evidence obtained unfairly is admissible in civil proceedings. This ruling confirms the approach adopted in a previous ruling dated 22 December 2023², delivered by the Cour de cassation. It has also provided clarity on the conditions for admissibility of such evidence before the French courts.

The issue was the admissibility of the evidence derived from an improperly installed video surveillance system without the employee's knowledge and without informing the employee of the purpose of the video surveillance system and/or of the legal basis underpinning its use.