Do You Have The Right To Monitor Employees Use Of Your IT Systems

Date Added 06.09.17

Most employers rely on the fact that any use of the internet or IT systems at work is ‘fair game’ and can be monitored. Use of the internet, communications or the IT systems can be anything from browsing the web, to sending emails or using the system generally for personal use. This can extend to phone use and voicemails too. However, in a recent appeal of the case of Barbulescu v Romania, before the Grand Chamber of the European Convention of Human Rights (ECHR), it has been held that employees and workers have a right to privacy.

What does this mean to you?

Simply put, if you are an employer, you would need to tell your employees or workers that you have the right to monitor personal use of your IT systems and other communications. If you don’t tell them, they don’t know. If they don’t know and they discover that you have been monitoring them, they could claim that this is a violation of their right to privacy under Article 8 of the ECHR. This is what this recent appeal has determined.

What can you do?

You need to make sure that your handbooks are up to date and give you the appropriate monitoring rights in your IT, Electronic and Communications Policies.

How can Tollers help?

We can review your policies and procedures. At Tollers we offer a Tollers HR package, which provides employers with peace of mind HR advice for a fixed 12-month period. It also provides companies with direct access to employment solicitor for advice. Furthermore, we take out insurance through an independent insurer, so you can be assured that should you have a tribunal claim, having followed our advice, the insurance is there to cover you. As part of the package we become custodians of your handbook and contracts and can review them to make sure that they are up to date.

Talk to Tollers. We’re here for you.

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