Communications monitoring

Communications monitoring means the collection, recording and storage of your personal information related to your communications via the telephone, e-mail as well as internet usage.

The monitoring activities may include, but are not limited to:

  • the systematic registration and reading of e-mail messages
  • the caching of web pages viewed, including the date, time and duration of the visit
  • the recording of and listening to telephone conversations
  • data analysis in order to draw certain conclusions, registration in specific databases or files and storing for a certain period of time

Purpose of monitoring

Employers are, in principle, allowed to design and apply a communications monitoring policy, as it may serve a legitimate aim. Such legitimate aim could be, for example, the protection of an employer’s business secrets from being unlawfully disclosed to a competing company or the protection of an employer’s property against the excessive use of its facilities for employees’ personal purposes or even thefts.

Informed monitoring

Remember that an employer is obliged to inform you about the monitoring policy and you are also entitled to access the personal data about you collected during the monitoring process. In exceptional cases, however, the disclosure of such information and obtaining your consent may not be mandatory, as your knowledge of being monitored may complicate the achievement of the legitimate aim.

example If an employer suspects that somebody is disclosing data of a confidential nature, such as commercial secrets, to another company or stealing a company’s inventory, covert monitoring for a limited period of the employees suspected might be the most appropriate means to achieve this aim.

The fact that your employer bears the costs for the services or owns the devices does not mean that he/she has full control over your privacy. Employers are, however, allowed to provide internal regulations and policies as to employees’ use of communication devices and the internet at the workplace, by for instance, using blocking techniques for certain websites.

What human rights violation may there be?

The monitoring carried out by your employer at your workplace is an interference with your right to private life. But, only unlawful monitoring may lead to a violation of your right to private life. Remember that both of the following are protected:

  • your communications and the use of the internet directly related to the fulfillment of job responsibilities
  • your activities which are intended for private purposes, unless you have agreed to the policy not to use the work computer and phone for private communications and web searching

Has the monitoring of communications been conducted lawfully?

To evaluate whether the monitoring of communications has been conducted lawfully and whether your privacy has been sufficiently respected, see the questions below. If, in your situation, your answer to one of these questions is negative, your privacy may have been violated. In such a case, you have the right to complain. Read more about how to complain.

Resources

Last updated 10/06/2024