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Monitoring employees’ communications: the final word

An employee had used his employer’s Yahoo! messenger service (intended for work use) for personal communications, including with his fiancé and brother. His employer monitored those communications and sacked him for misuse of its messenger service. Did that monitoring of his private communications breach his privacy rights under Article 8 ECHR? No, said the Romanian courts, and Strasbourg’s Fourth Chamber said likewise. But on a further appeal to the Grand Chamber of the ECHR, that assessment has been reversed: the last word is that Article 8 was indeed breached here.

Source: Monitoring employees’ communications: the final word – Panopticon Panopticon

Bărbulescu ruling: Workplace privacy is alive and kicking

On Sept. 5, the European Court of Human Rights handed down a landmark judgement about privacy and monitoring at the workplace. The court referred to a case of a Romanian citizen named Bogdan Mihai Bărbulescu who was fired 10 years ago for using a work messaging account to communicate for private purposes and was convicted of doing so through the monitoring of his communications. In a judgment of Dec. 7, 2007, the County Court rejected Bărbulescu’s application and confirmed that his dismissal had been lawful. Bărbulescu appealed to the Bucharest Court of Appeal and repeated his previous arguments and contended in addition that the court had not struck a fair balance between the interests at stake, unjustly prioritizing the employer’s interests.

Source: Bărbulescu ruling: Workplace privacy is alive and kicking

Before You Hit ‘Submit,’ This Company Has Already Logged Your Personal Data

If you’re daydreaming about buying a home or need to lower the payment on the one you already have, you might pay a visit to the Quicken Loans mortgage calculator. You’ll be asked a quick succession of questions that reveal how much cash you have on hand or how much your home is worth and how close you are to paying it off. Then Quicken will tell you how much you’d owe per month if you got a loan from them and asks for your name, email address, and phone number.

Source: Before You Hit ‘Submit,’ This Company Has Already Logged Your Personal Data

European Court of Human Rights on Finding the Right Balance in Respect of Employer Email Monitoring – An Opportunity Missed!

In the case of Bărbulescu v Romania the European Court of Human Rights held that an employer’s monitoring of their employee’s instant messenger account and the disclosure of these communications containing highly private, sensitive information was justified and therefore not a breach of Article 8 of the European Convention of Human Rights.

Source: European Court of Human Rights on Finding the Right Balance in Respect of Employer Email Monitoring – An Opportunity Missed! – SCRIPTed

The Italian Data Protection Authority restricts the monitoring of employees’ internet and email use

The Italian Data Protection Authority (“IDPA”) issued its first decision interpreting the amended Section 4 of the “Workers’ Bill of Rights,” concerning the monitoring of employees’ internet access and e-mail use.

Source: The Italian Data Protection Authority restricts the monitoring of employees’ internet access and e-mail use | Bryan Cave – JDSupra

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