Communications Monitoring In The Workplace – A Short Guide

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Unrestricted use of email, social media and file hosting services can have damaging effects on employers' reputation and business. Bullying, discrimination, defamation, virus exposure, lost productivity and transferring confidential information and trade secrets are just some of the issues that can arise from misuse of telephone, email and Internet at work.

Monitoring workers' use of communication systems or their surveillance by CCTV may seem like a good way to protect business interests. However, this must be balanced with, and not infringe, workers' privacy and data protection rights.

Expectation of Privacy

Workers do not leave their privacy and data protection rights at the door when they come into work each day. Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms ("ECHR") provides that "everyone has a right to respect for his private and family