European view on the control of employees in the workplace

In the case decade ago, the Romanian and European courts participated over the applicant Bogdan Barbulescu, fired for personal correspondence with his brother and bride in Yahoo Messenger. The applicant lost the dispute in the Romanian courts regarding his dismissal. Bogdan appealed to the European Court with complaints about interference to private life (article 8 of the European Convention).

The case was considered from the point of view of the state’s obligations to protect rights from violation by other persons, in this case the former employer of the applicant. Listing the factors that did not consider the Romanian courts in examining the petitioner’s case, the European Court concluded that the state does not adequately protect the right to inviolability of the applicant’s private life from intrusion. On this basis, the Court found a violation of the rights of the applicant.