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29 January 2016 / Michael Salter , Chris Bryden
Issue: 7684 / Categories: Features , Employment
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Becoming anti-social (Pt 2)

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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

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Lawyers have welcomed the Lord Chancellor’s reverse-ferret on jury reforms, but expressed ‘serious concerns’ about the decision to exclude fraud trials
From ‘rats in the robing room’ to ‘overworked’ judges and a shortage of court staff, barristers have aired their concerns about the state of the justice system
The use of agentic artificial intelligence (AI) poses ‘significant risks’ across the justice system, public services and government, and current regulation is ‘poorly suited’ to control it, experts have warned
The solicitors’ regulator has paused controversial plans to exclude owner-managers from compliance officer roles
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