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Article

7 Sep 2017

Author:
Owen Bowcott & Kevin Rawlinson, Guardian (UK)

European Court of Human Rights rules employers checking staff’s work emails without previous warning breach employees’ right to privacy

“Romanian whose messages were read by employer 'had privacy breached'”, 5 Sep 2017

A European court of human rights judgment has bolstered the rights of employees to have a significant degree of privacy when sending and receiving workplace emails. The surprise decision by the Strasbourg appeal court, overturning an earlier ruling, will force employers to give more explicit warnings to staff if they want to monitor internet use.

The case…will set a legal precedent across Europe...The ECHR judges agreed that the Romanian courts had not struck a “fair balance” between Bărbulescu’s right to a private life and his employer’s right to ensure he was following work rules. His right to privacy, the judges declared, had been violated.

…"Respect for private life and for the privacy of correspondence continues to exist, even if these may be restricted in so far as necessary,” the ECHR grand chamber judgment said…UK judges are required to take the ECHR’s rulings into account.

…Despite finding that Bărbulescu’s rights under article 8 of the convention had been violated, the court declined to award him any compensation, saying the ruling was “sufficient just satisfaction”.