The highest labour court in Germany has ruled that unless there is a firm suspicion of a criminal violation or a serious breach of duty German employers are not permitted under current data privacy law to monitor employees in the workplace, for example by the use of key logging software. Key logging software records and monitors computer activities and this particular software also took screen shots.

In this case the employer suspected that an employee was spending significant amounts of time using his computer for private activities. The key logging software showed that the employee had