Press Release: Judgment Barbulescu v. Romania – monitoring of an employee’s use of the Internet and his resulting dismissal

The European Court of Human Rights unveiled on 12 January 2016 its judgement in the case of Bărbulescu v. Romania, concerning Mr Bărbulescu’s dismissal by his employer, a private company, for having used the company’s Internet for personal purposes during working hours in breach of internal regulations.

The Court decided that there had been no violation of Article 8 (right to respect for private and family life, the home and correspondence) of the European Convention on Human Rights.

The Court found that Mr Bărbulescu’s private life and correspondence had been engaged. However his employer’s monitoring of his communications had been reasonable in the context of disciplinary proceedings.

• Primary Source

EurActiv, 13.01.16: Companies can monitor workers’ private online chats, ECHR rules http://www.euractiv.com/sections/digital/companies-can-monitor-workers-private-online-chats-echr-rules-320930

BBC News, 13.01.16: Private messages at work can be read by European employers http://www.bbc.co.uk/news/technology-35301148

The Guardian, 13.01.16: Companies can monitor workers' private online chats, European court rules http://www.theguardian.com/technology/2016/jan/13/companies-can-monitor-workers-private-online-chats-european-court-rules

Deutsche Welle, 13.01.16: Boss reading your private messages? That's OK, says court http://dw.com/p/1Hccr

Sputnik International, 13.01.16: Court Rules Bosses Can Snoop on Private Messages in Work Time http://sptnkne.ws/azts

Euronews, 13.01.16: European rights court rules bosses can read staff emails http://www.euronews.com/2016/01/13/european-rights-court-rules-bosses-can-read-staff-emails/

Blog: EU Law Analysis, 14.01.16: Is Workplace Privacy Dead? Comments on the Barbulescu judgment http://eulawanalysis.blogspot.com/2016/01/is-workplace-privacy-dead-comments-on.html

The Guardian, 14.01.16: Blog: Work and Careers: Check your company's policy on sending personal messages at work http://www.theguardian.com/money/work-blog/2016/jan/14/company-policy-personal-messages-european-court-ruling

The Conversation, 15.01.16: Bosses' right to snoop on staff emails is an invasion of privacy and ignores the way we work http://theconversation.com/bosses-right-to-snoop-on-staff-emails-is-an-invasion-of-privacy-and-ignores-the-way-we-work-53188

Blog: EU Law Analysis, 15.09.17: Privacy at work: the Strasbourg Grand Chamber clarifies the law http://eulawanalysis.blogspot.co.uk/2017/09/privacy-at-work-strasbourg-grand.html

European Court of Human Rights: Case of Barbulescu v. Romania (Application no. 61496/08). Judgment, 5 September 2017 http://hudoc.echr.coe.int/eng?i=001-177082

BBC News, 05.09.17: ECHR court reverses ruling on sacking over private messages http://www.bbc.co.uk/news/technology-41160853

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