European Court Limits Workplace Email Monitoring

In its recent Grand Chamber judgment,1 the European Court of Human Rights held that employers can monitor an employee’s email only if they provide advance notice. By a vote of 11-6, the Court found that failure to provide such notice constitutes a violation of article 8 of the European Convention on Human Rights, which protects the right to respect for private and family life.2 This is the first time the Court has examined a case concerning the monitoring of an employee’s electronic communication by a private employer.3