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Becoming anti-social (Pt 2)

29 January 2016 / Michael Salter , Chris Bryden
Issue: 7684 / Categories: Features , Employment
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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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NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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