Orrick reports on a binding precedent for EU members allowing monitoring of electronic communications with appropriate notice, and under particular circumstances. The decision should have HR, legal departments and IT generating new employee handbook/notices, especially due to the pending GDPR.
The factors according to the Orrick Trust Anchor include:
previous notification of employee of the possibility that the employer might take measures to monitor correspondence and other communications, and of the implementation of such measures
extent of the monitoring by the employer and the degree of intrusion into the employee’s privacy
legitimate reasons to justify monitoring of the communications and accessing their actual content
possibility to establish a monitoring system based on less intrusive methods and measures than directly accessing the content of the employee’s communications
consequences of the monitoring for the employee subjected to it
adequate safeguards against abuse by the employer
While the case presented did not meet the test due to inadequate notice and other factors, there is a clear black letter path to follow.
Grand Chamber of the European Court of Human Rights (ECHR), Bărbulescu v. Romania(application no. 61496/08)
I wanted a certification that separates me from my peers. Upon discovering CEDS, I was convinced this was exactly the type of distinction I had been seeking. Since achieving CEDS certification, I’ve noticed immediate recognition from my organization, colleagues, and current and prospective clients.They acknowledge they are more comfortable working with a person who has taken time to seek such certification. CEDS has certainly been worth the small investment and should continue to beget returns for years and years to come.
Andrew Bayer, CEDS
I get bombarded with all kinds of e-discovery stuff – news, blogs and whatnot. Let me tell you, you guys send the absolute best! I send it to all my partners and sales folks. I said, who are these guys? I have to get to know them better!
Kevin Glass, CEO
As a trial lawyer, day-to-day information processing is daunting for my client service. I’ve come to rely on ACEDS to keep me on the ‘edge’ of the curve on e-discovery. It’s a source I ‘ping’ ASAP.