Europe’s highest court ruled Thursday that illegally obtained evidence can still be used in court, rejecting the idea that privacy violations automatically disqualify information from civil trials. The decision arose from a German workplace dispute where a company accused a former employee of selling its property through her personal eBay account.
NTH Haustechnik GmbH claims the worker, identified only as EM, cost the company more than $52,000 by selling company goods online. She denies stealing anything, saying the items were defective returns and obsolete stock the company had discarded. The case turned on whether her employer could use eBay account data that may have been accessed without her permission.
Court Rejects Automatic Exclusion Rule
The Court of Justice of the European Union told German judges that unlawfully obtained personal data doesn’t automatically get thrown out. National courts keep the power to decide whether such evidence belongs in the courtroom, weighing the privacy breach against the need for justice in each specific case.
“The fact that the data concerned were obtained in breach of the right to the protection of privacy and the right to the protection of personal data does not appear, in itself, to be decisive,” the judges wrote.
The ruling creates a balancing test rather than a blanket rule. Courts must consider how the data was obtained, how serious the privacy violation was, and what’s at stake in the underlying dispute.
What Happens Next in Germany
The German labor court that requested guidance will now apply these principles to decide whether the eBay evidence can be used against EM. She maintains the company gave her permission to take the items, while her former employer insists she stole merchandise worth tens of thousands of euros.
The European court’s decision affects how privacy laws interact with civil litigation across all EU member states. It confirms that Europe’s strict data protection rules don’t create an absolute shield against evidence in court proceedings, leaving judges to weigh competing interests case by case.
American courts have long grappled with similar questions about illegally obtained evidence, though the Fourth Amendment’s exclusionary rule applies mainly to criminal cases. The European approach outlined Thursday gives judges more discretion to admit questionable evidence in civil matters.
Key Points
- Europe’s top court says unlawfully obtained personal data can still be used as evidence in civil cases
- National judges keep discretion to weigh privacy breaches against the need for justice
- Ruling arose from dispute over whether employee stole $52,000 in goods or took discarded items with permission
https://www.courthousenews.com/ex-wifes-ebay-account-sparks-fight-over-hacked-evidence/ – June 18, 2026
