MANAGEMENT RESPONSABLE DES ENQUÊTES INTERNES D’ENTREPRISE La « proportionnalité » comme technique de gestion ?

Abstract

Internal investigations are performed to respond to imminent threats to corporate interests. Despite
the frequent use of internal investigations in practice, their conduct is rarely analysed in the academic literature. In particular, internal investigations may result in substantive intrusions into the privacy of individuals. Further, they may be carried out in an uncertain legal environment. This article
proposes to transform the legal principle of proportionality into a decision-making method for anyone who seeks guidance to adequately resolve conflicts between privacy and investigative effectiveness and to deal with legal uncertainties related to investigative conduct.