Companies Must Tell Employees When Monitoring Their PC Activity, EU Court Rules

[LASER_oneXM]

EU companies must notify employees in advance if they plan to monitor work accounts, the European Court of Human Rights ruled this week.

The ruling comes in a case filed by Romanian IT worker Bogdan Barbulescu, who in 2007 was fired by his employer for using his work computer for private conversations with family members.

When the company fired Barbulescu, they provided him with a 45-page document containing transcripts of his private Yahoo! Messenger conversations, such as the ones he had with his brother and fiancée, some of the messages being of an intimate nature.

Up to that point, Barbulescu was not aware that his employer was monitoring his online activity. Previously, Barbulescu had signed a document stating that he did not use his work computer for private matters.

EU: Companies must notify employees in advance
According to ECHR documents obtained by Bleeping Computer, the Court ruled that "national authorities had not adequately protected Mr. Barbulescu's right to respect for his private life and correspondence."

In a separate document detailing their decision, the Court explained that companies are entitled to monitor employees as long as they notify them in advance.

The Court also pointed out that firms should explain in clear to employees about how monitoring works, when this happens, and who views the collected data.

 

[212eta]

Companies Must Tell Employees When Monitoring Their PC Activity, EU Court Rules

Of course, Companies must tell Employees.
In a different case, there is a serious Privacy Violation.

 

[TairikuOkami]

We are notified each year, that phones and computers are monitored, but this year they have added a notification before logging into the computer. I see now why.

 

[NikolayfromRussia]

Big brother is watching us!!!

 

[Weebarra]

I will probably be shot down in flames for my reply but i don't see why companies should have to inform employees first but i can see that the court ruling will protect both the employer and employee if everything is upfront, the employee was there to do a job not to use his work time or employers equipment for personal use, that is just common sense. The employer probably would not have had a case had the employee used his own devices for personal stuff but what i am surprised at, is that the guy actually signed a document saying he did not use the companies' computer for personal matters and then when he was "found out" he sought legal advice and went to court even though there was signed evidence from him stating he didn't use the employers equipment He must have had a good lawyer !!!

 

[ispx]

I will probably be shot down in flames for my reply

chill, i got your back

Spoiler: fj

 

[Deleted member 178]

I agree with @Weebarra at your workplace, you work, you don't do your personal stuff, if you really need , you take a break and do it on your phone or else.

 

[Fritz]

[…]that is just common sense.

That's the problem right there. We live in a day and age where people need to be told that hot coffee actually comes hot and cats are not supposed to be microwaved. And it's not bound to get any better, since everybody is adapting to the fact that you can run around with both eyes firmly shut and never have to take responsibility for anything. It's always other people's fault because they didn't watch out for you.

Unfortunately, the verdict in question was reached in the light of that lazy individual's behavior. That said, I think that monitoring should be properly announced. Immediately following the ruling, they also should have dragged the guy out into the street and have him flogged six ways to Sunday for public display of stupidity and having the nerve to even make a plea in the first place, but that's another story.

 

[Plebman123]

So basically its getting told something that would be common sense in a work place

 

[Weebarra]

That's the problem right there. We live in a day and age where people need to be told that hot coffee actually comes hot and cats are not supposed to be microwaved.

I bet @SHvFl will back you up on that one or maybe he's already been nuked and that is why he is super space cat

 

[Fritz]

Well, I think radiation has been linked to the creation of superpowers in the past according to reputable comic books.

 

[dinosaur07]

That is a common sense decision (rulling). If an employer wants to check what am i doing at my PC or on my phone, tell me first so that i can use my personal phone.

 

[Weebarra]

That is a common sense decision (rulling). If an employer wants to check what am i doing at my PC or on my phone, tell me first so that i can use my personal phone.

Hmm, i don't agree but the law has been changed now so my view is pointless really. I believe the employer has the right to check up on you (not you personally ) as he/she pays your salary for a specific purpose (to work, not use his/her time for personal purposes) so surely you should be using your own devices anyway in your own time

 

[ispx]

at your workplace, you work, you don't do your personal stuff

good point. where you hold a certain position stick to the work involving that position & not your personal stuff which is beyond that position.