Friday, October 28, 2005

A Viking Raid on EU Employee Email Monitoring?

The Norwegians have been a seafaring people at least since Viking days, and the Norwegian Society for Sea Rescue ("NSSR") is a humanitarian organization whose aim is "to save life and property at sea" (in 2004, the NSSR saved 40 people from drowning). But even an organization like NSSR is not outside the reach of the long arm of EU data protection law. In a move which will bring home to employers the risks of accessing or monitoring EU employee emails, the Norwegian Data Inspectorate has called for the NSSR to be prosecuted for breaching the country's Personal Data Act 2000, which implements the EU Data Protection Directive (although Norway is not part of the EU, it implements a substantial amount of EU legislation).
If the NSSR is prosecuted, the case will set a benchmark in determining the extent to which European employers can rely on work-related interests as grounds to access workers' electronic communications. And regardless of the outcome, the case will serve as a reminder to employers of both the precautions that need to be taken in relation to the monitoring of workers' emails and the risks of improperly doing so. Indeed, given the strict treatment of the a public service entity like the NSSR, the ramifications for for-profit corporations could be even more substantial

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