header-logo header-logo

29 January 2016 / Michael Salter , Chris Bryden
Issue: 7684 / Categories: Features , Employment
printer mail-detail

Becoming anti-social (Pt 2)

nlj_7684_brydensalter-

Chris Bryden & Michael Salter bust some myths surrounding the Barbulescu case

“Bosses can snoop on workers’ private emails and messages”. “Britain has a new human right…freedom to spy on employees’ emails”. “Private messages at work can be read by European employers”. These were just three attention-grabbers (from The Telegraph, the Daily Mail and the BBC News website) following the decision of the European Court of Human Rights (ECtHR) in Barbulescu v Romania (App no. 61496/08). Perhaps predictably, a proper reading of the case reveals that matters are not quite so clear-cut.

Mr Barbulescu was a sales engineer. He was requested in the course of his employment to create a Yahoo Messenger account, for the specific purpose of communicating with his customers and responding to their enquiries. The employer had a written policy which prevented its computers and other equipment from being used for personal purposes. It transpired that Barbulescu had indeed used his account for such purposes, and was discovered due to monitoring of the Messenger account by

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

Daniel Burbeary, office managing partner of Michelman Robinson, discusses launching in London, the power of the law, and what the kitchen can teach us about litigating

Joelson—Jennifer Mansoor

Joelson—Jennifer Mansoor

West End firm strengthens employment and immigration team with partner hire

Sidley—Jeremy Trinder

Sidley—Jeremy Trinder

Global finance group strengthened by returning partner in London

NEWS
The controversial Courts and Tribunals Bill has passed its second reading by 304 votes to 203, despite concerted opposition from the legal profession
The presumption of parental involvement is to be abolished, the Lord Chancellor David Lammy has confirmed
A highly experienced chartered legal executive has been prevented from representing her client in financial remedies proceedings, in a case that highlights the continued fallout from Mazur
Plans to commandeer 50%-75% of the interest on lawyers’ client accounts to fund the justice system overlook the cost and administrative burden of this on small and medium law firms, CILEX has warned
Lawyers have been asked for their views on proposals to change the penalties for assaulting a police officer
back-to-top-scroll