European Court of Human Rights Rules In Favor Of Privacy

in #privacy7 years ago



Just this week, a human rights court in Europe has ruled that companies are only allowed to monitor the communications (e-mails and messenger conversations etc) of their employees if they notify those employees in advance.

The ruling comes as a result of a lawsuit that was launched after a Romanian man, Bogdan Barbulescu, was fired for sending private messages on Yahoo messenger while he was at work. The messages that he was sending were said to be intimate in nature, regarding his health and sex life etc. The man who was fired claimed that his bosses violated his privacy by reading those messages and it turns out that the court agrees with him.

His employers had used surveillance software to monitor his activity on his computer at work.


Previously, the court ruled last year that the employers were within their right to fire him but now that decision has been effectively overturned. The previous decision was made by the ECHR, however this recent decision comes from their Grand Chamber which is the final appellate division with the court.

The European Court of Human Rights (ECHR) Grand Chamber ruled this week, 11-6, that the employer had not worked to adequately protect the privacy of the employee and that it wasn't clear whether or not the employee had been warned beforehand that the communications were going to be monitored.

After this recent decision, there will be no further chance for appeal.


It is understandable that an employer would want an employee to be working on work tasks that they are being paid for, but that still doesn't give them the right to spy; they need to value the privacy of their workers. This new ruling is going to provide more protection to workers by requiring that companies inform the employees of the policies that they have in place regarding workplace communication.

With clear guidelines in place about how personal devices should be used at work etc, then it will provide the foundation for a clear understanding when it comes to the amount of ownership that the employer has over that information.

Pics:
Pixabay

Sources:
https://www.theguardian.com/law/2017/sep/05/romanian-chat-messages-read-by-employer-had-privacy-breached-court-rules
https://www.nytimes.com/2017/09/05/business/european-court-employers-workers-email.html?mcubz=3
http://www.bbc.com/news/technology-41160853

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Interesting but good news. Still shows however that that companies are intent on constant monitoring. Great to see human rights win against them though a very rare victory. Personally though I don’t trust we have privacy in Europe especially UK, we are constantly monitored and made to sign things. Like work you are told to sign a number of things I disagree with according to your contract, but currently I need work. My plan is to bliz it get some cash then become my own boss with a ethical company :)

The decision sounds about right. Employers should not be spying on employees without prior notice. But I have to say that the EU is one giant mess right now. How is a court in one country going to determine what is legal or illegal in another country, which has different customs, history and people?

The EU was supposed to be just a monetary union, but now it's turning into one giant, corrupt super-state.

The ECHR provides a platform for parties to bring applications forward if they believe that their own state has breached/violated their human rights; despite those states having rules in place that supposedly uphold and protect such rights. The ECHR is able to render a judgment because dozens of member states (47 of them) have officially recognized the jurisdiction of the court.

Very interessing post great news for workers..thank you for sharing @doitvoluntarily

Wow! Human rights win? Thats a new one. I hope to see a lot more of that!

Wow, thats a pretty good strike for the workers! Top notch

Your post is good, have fun happy you here

I am happy to see that this is the courts decision. Good post.

i support this law :)

what law? ...

workers should get privacy thats there right

i mean rules ! :D

An interesting development.

Just last week the Supreme Court of India ruled that Privacy is a fundamental right of every citizen. A landmark decision made even more necessary by the draconian steps being undertaken by the current government.

http://www.bbc.com/news/world-asia-india-41033954

This is also an important ruling which will have a ripple effect on Social Media platforms which use people's personal data.

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