Is monitoring emails of employees acceptable?
On 5 September 2017, the ECHR ruled on the issue over Employer’s monitoring emails of employees.
In recent years it was considered by some that the employees right to privacy was a fundamental right and that this included monitoring emails of employees. The ECHR has however decided in the case of Bărbulescu v. Romania (application no. 61496/08) that Employers can monitor employee communications and this included the monitor of emails. 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.
Christopher Austin | Head| Employment Law
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Read the full press statement from the ECHR