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Data Protection Leader

International: ECtHR Bărbulescu decision

The Grand Chamber of the European Court of Human Rights (‘ECtHR’) (‘the Grand Chamber’) issued, on 5 September 2017, its ruling in Bărbulescu v. Romania (Application no. 61496/08), reversing the decision of the Fourth Section of the ECtHR and finding a violation of Article 8 of the European Convention on Human Rights (‘ECHR’) (‘the Decision’). The case concerned the termination of Bogdan Mihai Bărbulescu’s employment contract, after his employer monitored his internet communications, accessed their content, and established that Bărbulescu had utilised company resources for personal purposes, in breach of internal regulations. Data Protection Leader speaks with Pat Walshe, Managing Director at Privacy Matters Ltd, and Cristina Popescu, Senior Associate at CMS Cameron McKenna SCA about the key aspects of the Decision.

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