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Spring Charities Newsletter Employment The ECHR confirmed that employees had a reasonable expectation of privacy at work but that this right is not absolute. The recent European Court of Human Rights (ECHR) case of Barbulescu v Romania received lots of media attention when it found an employer justified in monitoring his employees’ private e-mails. Despite the contrary opinion, this judgement does not permit employers to snoop through their employees’ e-mails, and charities should be cautious of doing so without the appropriate framework in place. It is important to note that the monitoring in this case was limited in scope and was not a phishing expedition, in particular the court noted that (1) the employer had a clear policy regarding the private use of the employer’s computer system, (2) monitoring was the only effective way of ensuring that the computer systems were being used for professional tasks during working hours, and (3) the employer had only examined the Yahoo Messenger account and had not looked at other data on the computer. Organisations must be mindful that they do not have free reign to read their employees e-mails and if they intend to monitor this communication this should be carefully and suitably governed by a policy. MacRoberts’ team of employment specialists can assist and advise organisations on the framework and practice required to monitor employee communications appropriately. Key Contact: Katy Wedderburn Partner 0141 303 1372 katy.wedderburn@macroberts. com About MacRoberts We are one of Scotland’s leading commercial law firms. We maintain strong links within the Scottish economy, working with large private and public companies, small and medium-sized enterprises, entrepreneurs and owner-managed businesses, banks and financial services institutions, public sector bodies, charities and all levels of government. We have vast experience and an impressive track record in areas including all aspects of corporate law, taxation, pensions and share schemes, employment law, construction, transport and major infrastructure projects, real estate and energy. We also provide a selected service to private individuals. This means you can be confident that we will be able to understand your issues, anticipate any problems and ensure the best possible outcome for you. You will find us professional, approachable and, most of all, straight-talking. Legal Updates Legal changes can have a dramatic impact on you and your business. To ensure you have the knowledge to make quick, effective decisions, register now for our free updates. We will tell you what you need to know when you need to know it. Sign up at www.macroberts.com/updates 6 www.macroberts.com