#MeToo vs. GDPR: Investigating Sexual Misconduct by EU Employees

International Association of Privacy Professionals (IAPP) | July.22.2021

Christian Schröder and Jeffrey McKenna led “#MeToo vs. GDPR: Investigating Sexual Misconduct by EU Employees,” a recorded panel featured during the International Association of Privacy Professionals (IAPP) Data Protection Intensive Online Series. Christian, Jeffrey and other panelists from The Privacy Pro and TechData discussed how can employers can thoroughly investigate and respond to alleged sexual misconduct while protecting the privacy rights of Europe-based (EU) employees. The interactive session was based on a fact pattern and mock documentation concerning alleged sexual misconduct in a multinational company. Breakout groups then reviewed the facts, brainstormed answers to key questions raised by the scenario and reconvened to discuss each team’s approach. Key questions raised included whether text messages, emails and instant messages of a sexual nature be accessed from EU-based employees, including their mobile phones and how the data subject can be notified without violating the privacy rights of the accuser/accused.

Watch the recorded program to learn:

  • New insights, practical tips and advanced skills for handling a similar scenario in the EU/EEA.
  • How to execute an international investigation involving allegations of sexual misconduct by EU employees and Special Categories of employee personal data.
  • Advanced knowledge of restrictions imposed on collection of employee communications, including What’sApp and text messages from mobile devices in Germany and other EU/EEA countries beyond those imposed by the GDPR.
  • The unique considerations that apply to processing and transferring Special Categories of employee data to the U.S. when investigating allegations of sexual misconduct or harassment.