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unstar this property registered interest false remove filter
star this property date less than 2016-01-25more like thismore than 2016-01-25
star this property answering body
Department for Culture, Media and Sport more like this
star this property answering dept id 10 more like this
star this property answering dept short name Culture, Media and Sport more like this
star this property answering dept sort name Culture, Media and Sport more like this
star this property hansard heading Employment: Electronic Surveillance more like this
star this property house id 2 more like this
star this property legislature
25277
star this property pref label House of Lords more like this
star this property question text To ask Her Majesty’s Government what assessment they have made of the impact of the European Court of Human Rights ruling on 12 January in <i>Barbulescu v Romania</i> on an employer's right to access an employee's private emails in the UK. more like this
star this property tabling member printed
Lord Chadlington more like this
unstar this property uin HL5372 more like this
star this property answer
answer
unstar this property is ministerial correction false more like this
star this property date of answer less than 2016-02-09more like thismore than 2016-02-09
star this property answer text <p>The Government has made no assessment of the judgment The case raises the important question of whether the Applicant had a reasonable expectation that his communications would not be monitored; and could reasonably expect privacy when communicating from the Yahoo Messenger account that he had registered at his employer's request, and where there was a strict company policy prohibiting use of work systems for personal purposes. The Applicant alleged interference with his article 8 rights and that the interference was not foreseeable or proportionate. But the Court held that there was nothing to indicate that the domestic authorities failed to strike a fair balance between the applicant’s right to respect for his private life under Article 8 and his employer’s interests, and that there had been no violation of Article 8 of the Convention.</p><p> </p><p>The attached ICO's employment practices code sets out guidance in relation to workplace monitoring. The code is already clear that employers should have policies in place explaining how they expect their IT systems to be used, including setting out the extent to which, if any, the IT system can be used for personal use. Even where no such policy is in place, it is reasonable in certain circumstances for employers to monitor an employee’s use of the IT systems to ensure compliance with any policy or to ensure that employees are not abusing the use of the system. Such monitoring may include accessing non-work communications but this should only be done in exceptional circumstances.</p>
star this property answering member printed Baroness Neville-Rolfe more like this
star this property question first answered
remove filter
star this property answering member
4284
unstar this property label Biography information for Baroness Neville-Rolfe more like this
star this property attachment
1
star this property file name the_employment_practices_code.pdf more like this
star this property title ICO Employment Code more like this
star this property tabling member
3318
star this property label Biography information for Lord Chadlington more like this