Article 8: right to respect for private and family life

New and updated

  • Human rights

    Type:
    Employment law manual

    Updated to include information on Barbulescu v Romania, in which the European Court of Human Rights held that monitoring the employee's work-related Yahoo account breached his human rights.

  • Monitoring work-related Yahoo account breached employee's human rights

    Date:
    6 September 2017
    Type:
    Law reports

    In this Romanian case, the Grand Chamber of the European Court of Human Rights (ECHR) has held that monitoring the employee's private use of a business messaging account amounted to a breach of his right to private life and correspondence under art.8.

  • Worker whose messages were monitored had human rights breached

    Date:
    5 September 2017
    Type:
    News

    Employers should make employees aware of any monitoring of their communications after the European Court of Human Rights ruled a man's right to privacy was breached when his employers investigated his private messages.

  • Microchipping workers: What are the moral, practical and legal implications?

    Date:
    22 August 2017
    Type:
    Commentary and analysis

    Three Square Market, a Wisconsin-based tech company, recently became one of the first in the world to microchip staff. David Sheppard, associate at Capital Law, looks at the employment law implications of this controversial move.

  • Court of Appeal rules on impact of human rights law on collective consultation rights

    Type:
    Law reports

    The Court of Appeal has held that the legislative provision that excludes park police constables from enjoying collective consultation rights is in breach of their, and their union's, art.11 rights under the European Convention on Human Rights.

  • Cases on appeal

    Type:
    Law reports

    Cases on appeal provides news on key case law developments that are expected.

  • Criminal record checks: filtering process breaches human rights laws

    Date:
    8 May 2017
    Type:
    Law reports

    The Court of Appeal has held that the criminal record checks system is incompatible with the European Convention on Human Rights.

  • Date:
    20 April 2017
    Type:
    Legal guidance

    A recent legal case involving messaging service WhatsApp raises issues about monitoring employee communications. Nick Le Riche, a partner at Bircham Dyson Bell, offers practical tips on balancing employees' privacy rights with employers' need to protect confidential data.

  • Date:
    24 January 2017
    Type:
    Legal guidance

    CCTV used to require installation by specialist security engineers, but modern small-scale camera systems can now be rigged up by almost anyone. Pam Loch, managing partner of Loch Employment Law, looks at the legal implications of surveillance cameras in the workplace.

  • Human rights: Article 8 right to privacy did not prevent reliance on iPhone evidence

    Date:
    30 June 2016
    Type:
    Law reports

    In Garamukanwa v Solent NHS Trust [2016] IRLR 476 EAT, the EAT held that an employee who was dismissed for sending anonymous malicious emails to his former girlfriend could not rely on art.8 of the European Convention on Human Rights to prevent his employer from using evidence from his iPhone connecting him with the fake email addresses from which the messages were sent. Since the iPhone evidence had been supplied by the police following their investigations and with permission for it to be used, the tribunal had not erred in finding that the employer acted within the range of reasonable responses.

About this topic

HR and legal information and guidance relating to art.8 of the Convention on Human Rights (the right to respect for private and family life).