Can employers really snoop through private emails?

The European Court of Human Rights has ruled that an employer did not breach Article 8 of the European Convention on Human Rights (the right to privacy) by reading an employee’s private messages. While at first glance this may look like a controversial decision, it does not go any further than existing law, and the facts themselves show that the employer acted proportionately in the circumstances.

20 January 2016

In a case that came hot on the heels of the recent Safe Harbour ruling, the European Court of Human Rights has ruled that an employer did not breach Article 8 of the European Convention on Human Rights (the right to privacy) by reading an employee’s private messages. While at first glance this may look like a controversial decision, it does not go any further than existing law, and the facts themselves show that the employer acted proportionately in the circumstances.

In this article, we explore the wider legal issues around employer’s rights to investigate employees' use of technology for private purposes in the workplace. You can view it here.