In the case Bărbulescu v. Romania an employer dismissed an employee after monitoring his electronic communications and accessing their contents. It was held that there had been a failure of the domestic courts to protect his right to respect for his private life and correspondence.
The Court concluded that the national authorities had not adequately protected Mr Bărbulescu’s right to respect for his private life and correspondence. They had consequently failed to strike a fair balance between the interests at stake. In particular, the national courts had failed to determine whether Mr Bărbulescu had received prior notice from his employer of the possibility that his communications might be monitored; nor had they had regard either to the fact that he had not been informed of the nature or the extent of the monitoring, or the degree of intrusion into his private life and correspondence.
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A Romanian man should not have been fired for sending private messages at work, Europe's top human rights court has ruled.