header-logo header-logo

Becoming anti-social (Pt 2)

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

Quinn Emanuel—James McSweeney

Quinn Emanuel—James McSweeney

London promotion underscores firm’s investment in white collar and investigations

Ward Hadaway—Louise Miller

Ward Hadaway—Louise Miller

Private client team strengthened by partner appointment

NLJ Career Profile: Kate Gaskell, Flex Legal

NLJ Career Profile: Kate Gaskell, Flex Legal

Kate Gaskell, CEO of Flex Legal, reflects on chasing her childhood dreams underscores the importance of welcoming those from all backgrounds into the profession

NEWS
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
In NLJ this week, Ian Smith, emeritus professor at UEA, explores major developments in employment law from the Supreme Court and appellate courts
Writing in NLJ this week, Kamran Rehman and Harriet Campbell of Penningtons Manches Cooper examine Operafund Eco-Invest SICAV plc v Spain, where the Commercial Court held that ICSID and Energy Charter Treaty awards cannot be assigned
back-to-top-scroll