ECHR Decision Imposes New Criteria for Email Monitoring Practices on Fund Managers With European Operations

The Grand Chamber of the European Court of Human Rights has sided with an employee who claimed his privacy rights were violated, setting out criteria for national courts to consider when evaluating whether companies, including fund managers, have safeguarded employees’ rights to privacy. In light of this decision, fund managers operating in the 47 jurisdictions that are parties to the European Convention on Human Rights should revisit their policies for monitoring employees’ communications. This article analyzes the implications of the decision, including how it aligns with other national laws, and presents insights from practitioners with expertise in data privacy. See our three-part series on employee privacy issues relevant to hedge fund managers: “Reconciling Effective Monitoring of Electronic Communications With Employees’ Privacy Rights” (Apr. 4, 2014); “Reconciling Conflicting Sources of Privacy Rights of Employees” (Apr. 11, 2014); and “Six Privacy-Related Topics to Be Covered By Compliance Policies and Procedures” (May 23, 2014).

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