Skip to content
LatestEV targets set to be watered down
CityAM Canada

Canadian business, markets & economy · Sunday, 16 August 2026

  • Business
  • Markets
  • Economy
  • Technology
  • Politics
  • Energy
  • Property
  • Opinion
Tuesday 19 January 2016 7:01 am

Can employers now snoop on their employees? Why the European Court of Human Rights’ recent ruling is not that straightforward

By: Matt Gingell

Add as a preferred source on Google

The European Court of Human Rights’ (ECHR) recent decision on accessing employees’ private messages has had a lot of publicity.

There have been suggestions that the judgement means that employers can have free reign to go checking up on their staff. That’s not correct at all, and nothing has really changed.

The European Convention on Human Rights, which is incorporated into UK law, states that everyone has the right to respect for their private and family life, their home and their correspondence. There should be a balance between the general interest of the community and the individual’s fundamental freedoms. Although only public bodies must expressly comply with this right, it is relevant to all employers (including the private sector) as courts and tribunals must interpret, as far as possible, all legislation consistently with the right.

In this latest case the ECHR had to determine whether an employer acted lawfully by accessing an employee’s private messages on a business Yahoo Messenger account, where the employer’s rules banned use of the company’s IT systems for private purposes. 

The Court held that the right to privacy was engaged, but that it was reasonable and proportional to check that the employee was completing professional tasks during working hours. The Court was, particularly swayed because the account had been accessed on the assumption that the messages related to professional activities.

The Court did not state that employers could access/monitor business or private accounts as a matter of course. Everything will depend on the particular circumstances. In the situation where an employer has a policy that allows employees some personal usage of the company IT equipment and may monitor that usage, monitoring could be acceptable. But it would still have to be reasonable and proportional.

Our data protection law does require employers to provide detailed information to their employees about the employer’s monitoring activities. Employers should have legitimate grounds for the monitoring and avoid unjustified intrusions into employees’ private life. The monitoring of email content from private accounts, for example, would be seen as one of the most intrusive forms of monitoring – and could be very difficult to justify.

When it comes to monitoring, employers also have to consider the interception of communications framework. Before an interception, normally consent from the sender and recipient is required. Employers may, however, intercept employees’ communications which are “relevant to the business” without obtaining consent.

The difficulty though is how will the employer know for certain if an email or message is relevant to the business without opening it?

With the risk of claims, damages and fines, employers should think very carefully before snooping on their employees.

Share this article

  • Facebook
  • X
  • LinkedIn
  • WhatsApp
  • Email

Similarly tagged content:

Sections

  • News

Categories

  • Business

Trending Articles

  • Grandparents fund university degrees to avoid inheritance tax net

  • Revolut chatbot goes rogue by charging users to cancel subscription

  • Brompton Bicycle sues former adviser for ‘professional negligence’

  • Revolut takes flight with launch of new airport lounges

  • Is the Zeekr 9X Super Hybrid the new luxury SUV to beat?

More from CityAM

  • Exclusive: City giants tighten trans policies

    Business
    Progress Pride flag flying on a pole against a modern building, symbolizing trans policies in city firms
  • Top court ‘opens the floodgates’ for part-time workers’ claims

    Lawsuit
    Supreme Court building under clear sky, symbolizing justice and authority, relevant to recent judicial news coverage
  • Everest and MetLife Expand Bereavement and Legacy Support to Ireland

    Business Wire
  • Staff would turn down promotion to keep flexibility at work

    Retail
    Keir Starmer is heading to China
  • Neurodiversity, employment law and ‘reasonable adjustments’ – the new HR headache

    Law
    Four brown puppies playing on a green mat with pink toys and a paw-print blanket.
  • We reached Mars 50 years ago, why haven’t we sent people?

    Opinion
    Mars One rocket on launchpad, ready for its mission to the red planet
  • If Burnham wants firms to hire young people, he needs to get out of their way

    Opinion
    Labour's Rachel Reeves has been urged to offer a tax relief to curb the number of Neets in the UK.
  • Labour’s ‘chaotic’ zero-hour crackdown could cost firms £3bn per year

    Economics
    Andy Burnham, Mayor of Greater Manchester, in a suit and glasses, looking serious against a bright sky.
CityAM Canada

Independent Canadian business, markets and economic journalism, published by CityAM Publishing in Toronto. Read our editorial standards and corrections policy.

CityAM Publishing, 3 Borden Street #301, Toronto, Ontario M5S 2M8, Canada.
Newsroom enquiries: contact the editorial desk.

Follow

LinkedInXRSSApple News

Sections

BusinessMarketsEconomyTechnologyPoliticsEnergyPropertyOpinion

Newsroom

About usEditorial standardsCorrectionsOur journalistsContact

Company

AdvertisePrivacy noticeTerms of useCookie preferences

© 2026 CityAM Publishing. All rights reserved.

PrivacyTermsCookiesContact

Nothing published on CityAM Canada constitutes investment advice or a recommendation to buy or sell any security. CityAM Canada is an independent Canadian edition and is not affiliated with any UK publication.