In a ruling dated September 1, 2016, the Berlin Regional Labour Court (case reference: 10 Sa 192/16) ruled that snooping on an employer’s data justifies extraordinary dismissal.
This also applies to employees who have been employed for over 30 years and cannot be dismissed under the collective agreement.
Employee retrieves registration data from acquaintances in 851 cases
The 56-year-old employee at the time of the ruling had been employed by the state of Berlin since 1980.
She was paid in accordance with the collective agreement for the public service of the federal states (TV-L) and could only be terminated for cause.
Between 2009 and 2014, the employee called up around 850 acquaintances’ registration data – without official instructions.
Her motive: personal curiosity.
In at least one case, she also passed the data on to friends.
For example, she provided her partner with the registration data of his former wife.
Following a complaint from the former wife, the registration office checked the employee’s work and subsequently dismissed her without notice.
Criminal proceedings lead to extraordinary dismissal
Following criminal proceedings, she was also sentenced to a fine of 90 daily rates for the unauthorized retrieval of personal data.
Retrieving the registration data constitutes a criminal offense in Berlin within the meaning of Section 32 of the Berlin Data Protection Act (BlnDSG).
Unauthorized retrieval of reporting data damages relationship of trust and justifies extraordinary termination
It was precisely this criminal conviction that prompted the state to dismiss the employee without notice.
This was also confirmed by the Regional Labor Court in Berlin.
Although she could not be dismissed under the collective agreement, the employee could exceptionally be dismissed without notice for good cause.
And the “good cause” within the meaning of Section 626 of the German Civil Code (BGB) consisted of the violation of data protection and registration regulations.
After all, the employee had not only damaged the relationship of trust, but had also violated the personal rights of the persons concerned.
According to the LAG Berlin, the commission of a criminal offense also justifies a considerable loss of trust, which could subsequently lead to extraordinary termination.
An appeal against the judgment of the Berlin Higher Labor Court against denial of leave to appeal is still pending before the Federal Labor Court (case no.: 2 AZN 997/16).