Workplace Monitoring and the Right to Private Life at Work

13 Pages Posted: 6 Jul 2018  

Joe Atkinson

University College London

Date Written: July 2018

Abstract

In Barbulescu v Romania, the European Court of Human Rights clarified the application of the Article 8 right to private life in the workplace, and the extent of the state's positive obligations to protect the right against workplace monitoring. The decision establishes that there is an irreducible core to the right to private life at work that does not depend on an employee's reasonable expectations of privacy, and sets out clear principles for striking a fair balance between Article 8 and the employer's interests in the context of workplace monitoring. This article considers the nature of states’ positive obligation to protect human rights at work, the scope of the right to private life, and the impact of the decision on domestic law of unfair dismissal.

Keywords: Human Rights, Employment, European Court of Human Rights, Article 8, Private life

Suggested Citation

Atkinson, Joe, Workplace Monitoring and the Right to Private Life at Work (July 2018). The Modern Law Review, Vol. 81, Issue 4, pp. 688-700, 2018. Available at SSRN: https://ssrn.com/abstract=3208439 or http://dx.doi.org/10.1111/1468-2230.12357

Joe Atkinson (Contact Author)

University College London

Gower Street
London, WC1E 6BT
United Kingdom

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