138 NEWSLETTER 2021 A suspicion arose in the eyes of the case handlers that the employee deleted a chat with another employee of the undertaking. Upon that, the relevant mobile device was connected to forensic IT hardware. As a result of the inspection, the case handlers observed that the employee exited group chats which may be evaluated as being irrelevant from work, titled “The team,” “I’m not done yet,” “Vicks Sales,” “Super Husbands,” “Death-S. G.”10 The Board stated that as the group chats were permanently destroyed, they could not be informed about the content of the group chats. However, the Board decided that there was hindrance or obstruction of the on-site inspection and imposed a fine on the undertaking, with the reasoning that other employees were participants in the inspected group chats.11 Conclusion Together with the decisions handled in this article, the Board published eight decisions on this topic in November 2021 alone. When the recent decisions of the Board on this topic are examined, it is significant that they have one thing in common: deletion of e-mail and WhatsApp correspondences. Due to the sensitivity of the Board about the on-site inspection procedure, it is crucial to be aware of and to avoid such behaviors that may constitute hindrance or obstruction of on-site inspections. 10 P&G Decision, para. 9. 11 P&G Decision, para. 21.
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