Despite the press coverage following a Romanian ruling, employers cannot randomly monitor employee’s personal emails and messages without cause – especially where policies allow ‘some personal use’.  Employers must have clear policies on what personal use, if any, that they permit and when this can take place (eg only in breaks or outside normal working hours); and these policies must be communicated and enforced consistently. If an employer wishes to monitor an employee’s personal communications, an assessment needs to be made to ensure that:

1. the employer has a legitimate reason to review the relevant material and
2. that the manner in which the review is undertaken is reasonable