Monitoring of personal messages – Comments

Louise Walker
Louise Walker
Legal Director
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As reported in our news article the European Court of Human Rights (ECtHR) recently handed down a high profile decision concerning an employee’s right to privacy.

The decision does not give employers an absolute right to access employees’ personal emails, and care must still be taken by employers in deciding whether it is appropriate to do so in any particular set of circumstances. However, it should encourage employees to exercise caution when sending personal emails from a work system, particularly if the employer’s policy prohibits this.

Employers may also wish to review their own policies to ensure that these reflect current rules. If personal use is prohibited or limited and monitoring may take place, employees must be made aware of this and any specific rules should be put in writing.

Just Employment Law can assist in reviewing policies and also provide advice in relation to circumstances regarding personal use of employer’s IT systems. If you have any questions, please feel free to contact us.

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