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Leading Internet Case Law

EMPLOYEE MONITORING: European Court of Human Rights rules on when monitoring work communications is lawful


Barbulescu v. Romania, Grand Chamber of the European Court of Human Rights, (Application no. 61496/08), 5 September 2017

The Grand Chamber of the European Court of Human Rights reversed a First Chamber decision and found that the Romanian courts, in reviewing the decision of a private company to dismiss an employee after having monitored his communications on an online messaging service, failed to strike a fair balance between the employee’s right to respect for his private life and correspondence, on the one hand, and his employer’s right to take measures in order to ensure the smooth running of the company, on the other.

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