header-logo header-logo

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

A right to private life at work?

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

Winckworth Sherwood—Charlotte Coleman & Qaisar Sheikh

Winckworth Sherwood—Charlotte Coleman & Qaisar Sheikh

Two promoted to partner in property litigation and education teams

Dorsey & Whitney LLP—Peter Knust

Dorsey & Whitney LLP—Peter Knust

Cross-border finance and restructuring specialist joins as of counsel in London

Powell Gilbert—Callum Beamish-Lacey

Powell Gilbert—Callum Beamish-Lacey

IP firm promotes litigator to partnership

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
back-to-top-scroll