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 monitoring of emails. 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.
Christopher Austin | Head| Employment Law
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Read the full press statement from the ECHR