The European Court of Human Rights (ECHR) has ruled that employers have the right to monitor employees' activities, even if they violate their privacy by following private debates.
In 2007, Romanian Bogdan Barbulescu was fired by his employer for using its resources companys during working hours to have private conversations with his friends.
The company reported that Barbulescu used Yahoo! Messenger to have private conversations, offering a proof of a 45 page document that contained copies of his private conversations.
Barbulescu sued his employer for violating his private life, saying at the same time that he had not used Yahoo! Messenger of the company, but his own, and so the company had no right to spy on his talks.
The Romanian judges disagreed and supported an employer, citing the Labor Code of the country, which allowed the employer to terminate his contract.
Bogdan Barbulescu went to the ECHR, arguing that Article 8 of the Human Rights Convention gave him the right to privacy and private correspondence.
The court yesterday issued a decision on this legal dilemma, which also binds all countries που τηρούν την European Convention on Human Rights (i.e. the entire Eurozone).
Six of the seven ECHR judges supported the company, stating that the employee should not use the time and resources of the company for other non-work activities. In addition, the judges stated that the worker had the right to dismiss Barbulescu as a punishment for his actions.
The decision also stated that, from now on, companies should explain and inform all employees if they monitor and record all their activities on the Internet. They should also have the consent of the employees in writing.
Judge Paolo Pinto de Albuquerque made a very interesting statement, stating that "employees do not give up their rights to privacy and protection of their personal data every day at the door when they go to work.”
The court did not clarify whether the ruling applies in cases where employees use their personal devices rather than the company's equipment and internet services.
