Buddy says: Yes, monitoring can amount to an interference with a person’s right to respect for private life and correspondence under Article 8 of the European Convention on Human Rights.

Employer information: In the recent case of Copland v United Kingdom (3 April 2007)  Ms Copland's telephone, e-mail and internet usage were monitored in order for her employer, Carmarthenshire College, to ascertain whether she was making excessive use of College resources for personal reasons.  The European Court of Human Rights ruled that Carmarthenshire College breached an employee's right to respect for her private life and correspondence under Article 8(1) of the European Convention on Human Rights by monitoring, collecting and storing personal information relating to her telephone, e-mail and internet usage.  On the basis that Ms Copland had been given no warning that her work calls, e-mails or internet usage would be monitored, the court stated that it was reasonable for her to expect that her privacy would be respected.

Note: Although the case confirms the scope of Article 8(1) in favour of the applicant, the importance of the decision is limited by the fact that it was not considered against the backdrop of either the Regulation of Investigatory Powers Act 2000 or the Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000 (neither of which had come into force at the relevant time).