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Monitoring of Employees’ Communications: ECtHR Spells Out Positive Obligations to Protect Employees’ Privacy journal article

Caroline Calomme

European Data Protection Law Review, Volume 3 (2017), Issue 4, Page 545 - 549

Bărbulescu v Romania, App no 61496/08, Grand Chamber of the European Court of Human Rights, 5 September 2017. National authorities must apply specific criteria when assessing the proportionality of monitoring measures by an employer and whether they are accompanied by adequate and sufficient safeguards against abuse. Article 8 of the European Convention of Human Rights


Strict Safeguards to Restrict General Data Retention Obligations Imposed by the Member States journal article

Caroline Calomme

European Data Protection Law Review, Volume 2 (2016), Issue 4, Page 590 - 595

Opinion of Advocate General Saugmandsgaard Øe in Joined Cases C-203/15 and C-698/15 Tele2 Sverige AB v Post-och telestyrelsen and Secretary of State for Home Department v Watson and others, 19 July 2016, ECLI:EU:C:2016:572 The ePrivacy Directive and the Charter do not prohibit Member States per se from imposing a general data retention obligation on providers of electronic communications services. However, the national courts must determine whether the obligation is circumscribed by strict safeguards, including all the safeguards set out in Digital Rights Ireland. Article 15(1) ePrivacy Directive – Articles 7, 8 and 52(1) Charter

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