A colleague had sent me some information about a recent case (Copland v UK) that has reached the European Court of Human Rights, which concerned an individual's personal communications (including e-mails) that were being monitored without her consent. The Court unanimously held that this was an infringement of her violation to her right to respect for private and family life under Art. 8(1) of the European Convention of Human Rights. Clearly, the monitoring of employees emails have important privacy and data protection implications.
Whilst the privacy of communications is not absolute (sufficient warning by the employer), it would be useful to consult the UK's ICO's employment practice code as a starting point. Plus, the ICO's recently commissioned report on surveillance (pdf).
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