On 5 September 2017, the ECHR ruled on the issue over Employers 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 B?rbulescu v. Romania (application no. 61496/08) that Employers can monitor employee communications and this included the monitoring of emails. (full press statement from the ECHR) This is, however, conditional upon measures taken by the employer to monitor employees’ communications being proportionate and that such 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. However Jersey employers should be careful to ensure that the employee handbook is clear and unambiguous. Parslows Jersey regularly advise and draft staff handbooks for employers.
Whether you are a small or larger firm, it is always important to have Jersey legal advice from qualified practitioners when dealing with employment law. Contact our employment lawyers today. Parslows Jersey, always at your side.
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