Two years ago, the Belgian Data Protection authority ("Privacy Commission") published its guidelines on the monitoring of e-mail and internet usage in the workplace. Its aim was to clarify previous
Two years ago, the Belgian Data Protection authority ("Privacy Commission") published its guidelines on the monitoring of e-mail and internet usage in the workplace. Its aim was to clarify previous recommendations and highlight any potential conflicts of law between the Collective Bargaining Agreement n° 81 on the monitoring of electronic communications of employees and various other laws prohibiting unlawful monitoring (see our previous blog post at https://www.fieldfisher.com/publications/2011/08/belgian-privacy-commission-clarifies-employee-monitoring#sthash.oScWaq6x.dpbs).
While these recommendations addressed a lot of the common issues faced by businesses, they still did not provide answers to all the questions posed. A recurring problem faced by employers is whether or not they can have access to an employee's e-mail account. In certain circumstances, be it in the context of a dismissal or in the case of harassment for example, an employer may require access to ensure the continuity of services to clients or to investigate the allegations that have been made.
The most frequently asked questions in these situations are:
It is clear this is a hot topic in Belgium and remains very divisive.
Accordingly, the Privacy Commission intends to devote its entire Data Protection Day on January 28th 2015 to "privacy in the workplace".
On the same day, the Privacy Commission will also be providing additional guidance on this topic, with the aim of educating employers and employees about the necessity (and importance) of the protection of privacy and personal data in the workplace.
The Privacy Commission has invited Fieldfisher (as part of a select group of firms) to share our experience and knowledge of this topic with the delegates. If you have specific concerns, observations or comments which you would like to see addressed by the Privacy Commission, feel free to contact tim.vancanneyt@fieldfisher.com or aagje.degraeve@fieldfisher.com by early November.
While these recommendations addressed a lot of the common issues faced by businesses, they still did not provide answers to all the questions posed. A recurring problem faced by employers is whether or not they can have access to an employee's e-mail account. In certain circumstances, be it in the context of a dismissal or in the case of harassment for example, an employer may require access to ensure the continuity of services to clients or to investigate the allegations that have been made.
The most frequently asked questions in these situations are:
- If suspicious behaviour is identified, what level of forensic examination is justified?
- Should the rules to be interpreted differently depending on whether the person behaving suspiciously is still employed by the investigating organisation or not?
- How should the "reasonable expectations of privacy" doctrine be interpreted and applied?
It is clear this is a hot topic in Belgium and remains very divisive.
Accordingly, the Privacy Commission intends to devote its entire Data Protection Day on January 28th 2015 to "privacy in the workplace".
On the same day, the Privacy Commission will also be providing additional guidance on this topic, with the aim of educating employers and employees about the necessity (and importance) of the protection of privacy and personal data in the workplace.
The Privacy Commission has invited Fieldfisher (as part of a select group of firms) to share our experience and knowledge of this topic with the delegates. If you have specific concerns, observations or comments which you would like to see addressed by the Privacy Commission, feel free to contact tim.vancanneyt@fieldfisher.com or aagje.degraeve@fieldfisher.com by early November.