Personal protection at work
E-mails
Employers may not check personal e-mails of employees. Personal e-mails concern the employee's personal affairs and are not related to the employer's activities or interests. There is an exception if there is a critical need, such as when serious technical problems occur, such as a computer virus. The same applies to the inspection of personal data in the employee's file area.
E-mail security monitoring system
Employers may install an email monitoring system with regard to internet security considerations, e.g. anti-virus protection that prevents unwanted email from entering the establishment.
Suspected breach of confidentiality or duty
Employers can check e-mails if they suspect an employee has violated work obligations or confidentiality. In such cases, the principles of the Data Protection Act must be followed, including fairness, transparency and proportionality. Employers must inform employees about such monitoring and its purpose.
Obligation to inform and rights of staff
If an employee's e-mail is to be checked, the employer must inform the employee and give him the opportunity to attend the inspection. If this is impossible, for example because of a serious illness of the employee, the employee can appoint another person to monitor the inspection on his behalf.
The Data Protection Authority has issued guidelines on handling e-mail, file areas and monitoring internet usage. It also includes examples of situations that may arise where e-mail is examined.
