This decision in the European Court of Human Rights has clarified the law on this important balance between individuals' privacy and the need for employers to protect their interests.

In short, an employer wishing to monitor an employee's private communications should:

  • Ensure monitoring is necessary to protect its interests
  • Ensure its policies clearly state:
    • Which communications can be monitored, and when
    • Who can carry out monitoring, and how it takes place, ensuring it is limited and proportionate

The Case?: Bărbulescu v. Romania (application no. 61496/08)