Since 2001, the French Court of Cassation has made a continuous effort to refine and, in some circumstances, narrow the scope of the right to privacy in the workplace with a view to reaching a fair and balanced approach. The January 6, 2015 declaration of the French Data Protection Authority (CNIL) further highlights this trend towards the standardization of information collection at work, and serves to clarify and expand the right of employers to listen in on employees’ phone calls at work. Background In the landmark 2001 “Nikon Case,” the Court of Cassation ruled that “an employee has the right to the respect of his private life – including the right to the secrecy of correspondence – on the work premises and during working hours.” This announcement was qualified, however, and the court further refined that unless marked by the employee as “private,” the documents and files created by an employee on a company-computer for work purposes are presumed to be...