Le Point : Justice, clandestine recording of an employee used as evidence for the first time

Veil Jourde litigation partner Corinne Vallery-Masson comments for Le Point on the Court of Cassation’s decision of 22 December 2023 admitting, for the first time, that unfair evidence – recording without a person’s knowledge – can be produced before a civil judge.

“This is a Pandora’s box that will encourage parties to try their luck by making clandestine recordings of all kinds, stealing documents from bins or documents covered by the medical secrecy or solicitor-client privilege. This decision opens the door to admitting the criminal offence of violating the private life”.