Quelle protection pour les courriels personnels ?

FlickR - Clavier par romytetueUn récent arrêt de la Cour de cassation ((Cass. Soc., 17 juin 2009, n°08-40.274. Cf. commentaire Jurisprudence Sociale Lamy, 13 juillet 2009, Mme Hautefort, n°259, p. 7-9.)) a donné l’occasion à la Haute cour de mettre les points sur les i, s’agissant du statut des courriels qualifiés de « personnels », émis ou reçus par les employés, et des conditions dans lesquelles ils peuvent faire l’objet d’une vérification de l’employeur, lorsque ce dernier suspecte une intrusion dans le système informatique préjudiciable au bon fonctionnement de l’entreprise.

La teneur de la décision est on ne peut plus clair : lorsque, pour des raisons de sécurité, l’employeur a demandé des mesures de vérification sur tous les courriels émis ou reçus, le juge peut valablement lui ordonner d’ouvrir une enquête avec les délégués du personnel pour voir dans quelles conditions les messages qualifiés de « personnels » ont pu être consultés et exploités.

Les hauts magistrats ont enfin saisi l’occasion de donner leur interprétation de l’article L.2313-2 du code du travail, en privilégiant l’esprit du texte sur sa lettre.

La question sera prochainement abordée sous l’angle de la fonction publique hospitalière.

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