How Can Data Privacy Regulations Limit the Ability to Present Evidence in a Litigation?

Stéphanie Martinier and Mathilde Pepin The French Supreme Court sanctions a company for having produced complete employee pay slips in a litigation. It is not news that the rules of evidence and data privacy laws may be conflicting. A recent decision of the French Supreme Court[1] illustrates this tension and highlights the need for litigators to take into account data privacy principles before producing evidence containing personal information.In this case, a company had organized mandatory staff representatives’ elections. The company had started a court action against three election candidates aiming at opposing their candidature due to certain requirements related to their job classifications not being met. Among the evidence produced by the company were the complete pay slips of the three employees. All of the trade unions that were participants in the election process were also parties to the litigation and as such, they all received copies of the evidence…

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