Employment law | Monitoring employees emails
On 5 September 2017, the ECHR ruled on the issue over Employer’s monitoring employees’ emails.
In recent years it was considered by some that the employees right to privacy was a fundamental right. The ECHR has however decided in the case of Bărbulescu v. Romania (application no. 61496/08) that Employers can monitor employee’s communications. This is, however, condition upon the employer taking measures to monitor employees’ communications which are to be proportionate and that these measures are accompanied by adequate and sufficient safeguards against abuse.
Whilst this was a case involving Romania it is likely a Jersey Court would have reference to this judgment and apply the criteria handed down.
If you are a Jersey employer and want to ensure your employee communications policies are compliant contact our expert employment lawyer Chris Austin on 630530 or firstname.lastname@example.org
Read the full press statement from the ECHR