Massive, prolonged and indiscriminate monitoring on computer tools provided to employees are forbidden

With measure no. 547 dated 22 December 2016 and published in the newsletter of 17 February 2017, the Privacy Authority for the protection of personal data reaffirmed that an employer cannot access indiscriminately emails or personal data contained in the devices provided to employees. According to the Privacy Authority, the employer, in spite of having the right to check the proper performance of the service and the correct use of the work tools by the employee, must in any case safeguard personal freedom and dignity, complying with legal regulations. The labour regulations on remote monitoring (in this case under article 4 of the Worker’s Statute in its “new formulation” after the Jobs Act), moreover establishes that it is unlawful to carry out activities suitable to achieve, even indirectly, a massive, prolonged and indiscriminate monitoring of the employee’s performance. And in any case, the Privacy Authority reaffirms that employees must always be informed clearly and in a detailed manner about the methods of use of the tools in question and about any monitoring activities. This is because the absence of an explicit policy in this regard may lead to a legitimate expectation by the employee (or a third party) of the confidentiality of certain forms of communication.