Managing employee surveillance is a sensitive issue, especially with the rise of new technologies. Recent rulings from Italy’s Court of Cassation have clarified the legal boundaries surrounding this practice. 

The role of Investigative Agencies 
Employers may use private investigators to check potential employee misconduct, such as unapproved absences or misuse of leave. However, these investigations must be focused, proportional, and lawful, ensuring they do not interfere with an employee’s work duties. 

Monitoring company devices 
Employers may need to access employees’ devices, such as emails or laptops, especially when there is reasonable suspicion of misconduct. The Italian Supreme Court has recently clarified that checking an employee’s email is only permitted when there is concrete suspicion, and such checks must not be arbitrary or excessive. 

Balancing business needs and employee privacy 
It is essential to strike a balance between business needs and employee privacy. Surveillance must be justified, proportionate, and never indiscriminate. Employers must ensure they follow legal guidelines to avoid misuse of the information collected. 

Best practices 

• Reasonable suspicion: Surveillance should be based on a clear and justified suspicion of misconduct. 

• Proportionality: Monitoring should be proportionate to the potential risk to the company. 

• Legal compliance: Employers must ensure surveillance practices comply with labor laws and privacy regulations. 

By following these principles, employers can protect their business interests while respecting employee privacy. 

Continue reading the full version published on Agenda Digitale.