Bărbulescu v Romania [2017] ECHR 742

Electronic surveillance: Monitoring home workers – getting the balance right

Innes Clark looks at the legal limits on employee monitoring and at whether privacy protections need strengthening in response to the ‘new normal’ For monitoring to be lawful, the employer has to find the right balance between its interests in monitoring employees and employees’ rights to privacy. March 2020 saw one of the biggest changes …

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Employee monitoring: New guidance on when covert surveillance breaches privacy

The European Court of Human Rights has set out how to assess whether a covert investigation into suspected misconduct is proportionate. Christopher Hitchins and Emma Phillpot report ‘In practice, it’s key to notify employees of any potential monitoring, perhaps via an employee privacy policy or contract of employment.’ Article 8(1) of the European Convention on …

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Employee surveillance: CCTV in the workplace – the limits of Big Brother

A recent human rights decision and forthcoming changes to data protection rules are likely to make it harder for employers to justify CCTV monitoring of employees, warn Michael Chattle and Stephanie Creed ‘Employees enjoy considerable protection and both the UK and EU courts take a dim view of unnecessary or groundless monitoring.‘ CCTV cameras are …

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