The employer used the recordings from the video camera to justify termination  without notice. It was obvious that the employee had left the company early and was still paid for the full working hours. The employee objected to the use, but was not heard by the Federal Labour Court. In short, data protection is not a offender protection, the fraud was obvious (BAG, decision of 29 June 2023, 2 AZR 296/22). A decision by the European Court of Justice on the question of whether violations of the GDPR can lead to a ban on the use of evidence is still pending.