Monitoring employees’ internet & telephone use at work may contravene EU human rights laws, after a landmark case in the European Court of Human Rights last week.
The case involved a public-sector employee, who won €3,000 in damages and €6,000 in court costs and expenses, after her communications were intercepted by her employer, Carmarthenshire College. Lynette Copland successfully took the UK government to court after her personal internet usage and telephone calls were monitored by one of her bosses in 1999.
This ruling means that the private use of company telecoms equipment and internet access may be protected under European human rights legislation, if the company has an acceptable personal-use policy and fails to inform the employee that their communications may be monitored. Employee communications are also covered by human rights legislation if the organisation has no explicit acceptable use policy and fails to inform the employee of the monitoring of personal email.
Privacy law firm, Pinsent Masons, said that although businesses now have clear guidance for monitoring work communications under the Regulation of Investigatory Powers Act (RIPA) 2000, personal communications at work may be protected by the European Convention on Human Rights, and the Human Rights Act 1998. “The lawful business practice regulations allow an employer to monitor and intercept business communications, so the court is implying that private use of a telecommunications system, assuming it is authorised via an acceptable-use policy, can be protected [by human rights legislation],” said Dr Chris Pounder, a privacy specialist. “The ruling is important in that it reinforces the need for a statutory basis for any interference with respect to private use of a telecommunications system by an employee,” Pounder added.
Source: ZDNet, 11 April 2007