Barbulescu v Romania Posted In: Case Law
Case ReferenceECtHR 61496/08
Legal BodyEuropean Court of Human Rights (ECtHR)
Type of Claim / JurisdictionData Protection and Freedom of Information Act, Human Rights
The European Court of Human Rights has ruled that it may be permissible to monitor an employee's use of the internet, subject to the principles of proportionality and reasonableness. In this particular case, the claimant set up a Yahoo Messenger account for professional use but used it to send private emails to his brother. When the employer discovered this, the employee was dismissed.
The Court found by a majority of six to one that the domestic courts in Romania had struck a fair balance, within their margin of appreciation, between the applicant’s right to respect for private and family life, the home and correspondence under Article 8 and his employer’s interests.
The ECtHR concluded:
Already a subscriber?
Click here to login and access the full article.Log in now to read the full article
Don't miss out, start your free trial today!
Are you fully aware of the benefits of Legal-Island's Irish Employment Law Hub? We help thousands of people like you understand how the latest changes in Irish employment law impact your business through a mix of case law analysis and in-depth articles. All delivered right to your inbox.
We help you to understand the ramifications of each important case from Ireland and Europe.
We help you ensure that your organisation's policies and procedures are fully compliant with Irish law.
You will receive regular updates on Irish employment law including case law reviews, legislative changes, topical updates as well as answers to your burning questions through our Q&A feature.
You will have 24/7 access to the Employment Law Hub so you can research case law and HR issues when you need to.
The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.