In a recent ECHR case it reversed a previous case and stated that workers have a right to respect for privacy in the workplace, and if an employer is going to monitor their emails and messages, the employer should (exceptional reasons aside) tell the worker that their communications might be monitored. Here, although the employee knew it was forbidden to use work computers for personal purposes, he had not been told that the employer was monitoring his communications.

Accordingly the ECHR held that the Romanian court’s decision was wrong, and that Romanian law failed to strike a fair balance between the employer’s and the employee’s interests. Accordingly there was a breach of Article 8 and the employee was entitled to compensation.


So you must make sure that you have well drafted policies in place to allow you to manage your staff as you would like to.