header-logo header-logo

A right to private life at work?

02 February 2018 / Peter Coe
Issue: 7779 / Categories:
printer mail-detail
nlj_7779_coe

Peter Coe looks at Bãrbulescu v Romania in terms of monitoring versus privacy rights & the fast-approaching GDPR

  • Employees have an irreducible minimum right to private social life while at work.
  • Highlights five steps to help employers find the right balance.

Ivery much doubt that when Mr Bogdan Bãrbulescu created a Yahoo instant messenger (IM) account at his employer’s request to deal with customer enquiries he had any idea it would end up the subject of litigation working its way all the way up to the European Court of Human Rights (ECtHR). But it has and, in doing so, it has given us an important ruling relating to employees’ privacy in the workplace, particularly in light of the forthcoming introduction of the General Data Protection Regulation (GDPR) in May 2018. The case in question is Bãrbulescu v Romania [2016] App no 61496/08.

What’s it all about?

On 3 July 2007, Bãrbulescu’s employer sent a notice to all employees prohibiting personal use of the internet while at work. The notice also told employees that their

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

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The dangers of uncritical artificial intelligence (AI) use in legal practice are no longer hypothetical. In this week's NLJ, Dr Charanjit Singh of Holborn Chambers examines cases where lawyers relied on ‘hallucinated’ citations — entirely fictitious authorities generated by AI tools
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
back-to-top-scroll