European court rules companies must tell employees of email checks
The European Court of Human Rights ruled on Tuesday in a landmark privacy case
The judges found that Romanian courts had failed to protect Bogdan Barbulescu’s private correspondence. Photograph: iStock
Companies must tell employees in advance if their work email accounts are being monitored, the European Court of Human Rights ruled on Tuesday in a landmark privacy case.
In a judgment in the case of a man fired 10 years ago for using a work messaging account to communicate with his family, the judges found that Romanian courts had failed to protect Bogdan Barbulescu’s private correspondence because his employer had not given him prior notice it was monitoring his communications.
The company had presented him with printouts of his private messages to his brother and fiancée on Yahoo Messenger as evidence of his breach of a company ban on such personal use.
Barbulescu had previously told his employer in writing that he had only used the service for professional purposes.
The European court in Strasbourg ruled by an 11-6 majority that Romanian judges, in backing the employer, had failed to protect Barbulescu’s right to private life and correspondence.
The court concluded that Barbulescu had not been informed in advance of the extent and nature of his employer’s monitoring or the possibility that it might gain access to the contents of his messages.
The court also said there had not been a sufficient assessment of whether there were legitimate reasons to monitor Barbulescu’s communications. There was no suggestion he had exposed to company to risks such as damage to its IT systems or liability in the case of illegal activities online.