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April 16, 2007

European Court rules on monitoring staff communications

Link: European Court rules on monitoring staff communications
Filed under: Email News, Legal News, Business News

by Jan Harris

Computers & Internet

In a landmark case in the European Court of Human Rights last week, it was found that the private use of a company’s telephones and internet by an employee could be protected under European human rights legislation.

Lynette Copland, a public-sector employee of Carmarthenshire College, won €3,000 in damages and €6,000 in court costs and expenses, after her personal internet usage and telephone calls were monitored by her employer.

According to the ruling, private use of company communications equipment may be protected by the European Convention on Human Rights, and the Human Rights Act 1998.

The protection would come into force if the company has an acceptable personal-use policy and fails to inform the employee that their communications may be monitored. It would also apply if the organisation does not have an acceptable use policy and fails to inform the employee that personal emails could be monitored.

The court found that Ms Copland’s case against the UK government breached her rights under Article 8 of the Convention on Human Rights, which says “everyone has the right to respect for his private and family life, his home and his correspondence”.

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