Monitoring employees
use of work phones breaches human rights
Laura O'Hare of Cullimore Dutton
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Copland v United Kingdom
A recent case brought to the European Court of Human
Rights has produced an interesting judgment for all
employers in the UK.
Lynette Copland complained that, during her employment
at a college, her telephone, e-mail and internet usage
had been monitored at the deputy principal’s
instigation.
The Court unanimously agreed that article 8 of the
European Convention on Human Rights, had been breached
by this action.
Lynette who worked for Carmarthenshire College became
the personal assistant to the college principal and from
the end of 1995 and was required to work closely with
the deputy principal.
In its judgment, the Court said that the use of
information relating to the date and length of telephone
conversations and in particular the numbers dialed could
give rise to an issue under article 8, as the
information was an integral element of the
communications made by telephone.
In conclusion the Court said that the collection and
storage of personal information relating to the
applicant’s telephone, as well as to her e-mail and
internet usage, without her knowledge, amounted to an
interference with her right to respect for her private
life.
The Court was not convinced by the UK Government’s
submission that the college was authorised under its
statutory powers to do anything necessary or expedient
for the purposes of providing higher and further
education and found the argument unpersuasive.
The Court awarded Ms Copland €3,000 in respect of
non-pecuniary damage and €6,000 for costs and expenses.
Commenting on this case, Laura O’Hare, employment law
specialist at Cullimore Dutton said: “This judgment
could affect many employers who feel they have employees
who are abusing the use of company telephones and
computers.
“Our role is to ensure that employers are protected from
prosecution for Human Rights breaches, while allowing
them to implement disciplinary procedures for misuse of
company assets."
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