On Tuesday, the European Court of Human Rights (ECHR) gave a crucial judgement in the sphere of privacy in the workplace, vacating an earlier decision that allows employers to keep an eye on workplace communications.
Due to a new court decision, the case of Romanian engineer Bogdan Barbulescu, who was fired ten years ago, must be reconsidered. The reason of this expulsion was his messages to his fianceé and brother that were sending from his workplace Yahoo Messenger account.
Romanian courts had defeated Barbulescu`s complaint before, but now it looks in another way: his employer had infringed his right to communication.
But now, the 8th article of the European Convention on Human Rights confirms that Romanian judges failed to defend Barbulescu`s right to personal life and correspondence. In this case, the European court ruled by an 11-6 majority.
Now it`s obvious that employer`s fault was uninformedness of the worker beforehand about the surveillance of his account and communications. The computer activity was controlled by a special monitor software.
The press release informed about court decision that the rights to respect for private life and the privacy of correspondence are in force, even in the case of their putting under restraint if necessary.
47 countries will now adopt this law, they already confirmed the European Convention on Human Rights.
Moreover, the ECHR also admitted the employers` necessity to inform their staff beforehand if their communications are being monitored, and that the surveillance must be implemented for legitimate objectives and restricted.