Fraud And Investigations At The Workplace

Legislative Framework

Monitoring of employees at the workplace is not specifically regulated by Maltese Law. In this respect, one  must refer to the Data Protection Act (Chapter 440 of the Laws of Malta), the European Directive 95/46/EC on processing of personal data and free movement of such data, as well as relevant rulings of the European Court of Justice ("ECJ") and the European Court of Human Rights ("ECHR"), and best common practices.

A principle common to all Member States is that when it comes to working life, employers must strike a balance between monitoring employees and employees' right to a private and family life. In fact, on the one hand, employers have an expectation to safeguard themselves against "wrongdoing" at the place of work, and on the other hand employees have an expectation of privacy.