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ARTICLE · 09 JULY 2012

Data Protection And Employment - Part 2

Mason Hayes & Curran LLP
Mason Hayes & Curran LLP
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Mason Hayes & Curran LLP

Mason Hayes & Curran LLP

Managing Partner: Will Carmody Chair: Philip Nolan Number of partners: 124 Languages: French,...

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Employers have a legitimate interest in preventing staff misconduct.

IrelandEmployment and HR
Philip Nolan
Philip Nolan
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Employers have a legitimate interest in preventing staff misconduct. Consequently, they generally wish to monitor the workplace activities of their employees.

However, employees do not lose their right to personal privacy when they walk through the office door. In Copland v United Kingdom (a 2007 case), the European Court of Human Rights found that an employee's right to respect for his or her private life and correspondence could be violated by an employer's monitoring of telephone calls, email correspondence and internet use.

This article considers how employers can deal with the specific challenges of CCTV, email/ internet monitoring and the use of private detectives.

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