Recently, our clients have noticed that employers interfere in the privacy of employees by monitoring their personal correspondence.
So, let’s put someone, and let’s understand.
Are these actions a violation? What is the responsibility of the violator?
Employer – NO RIGHT to interfere in the employee’s privacy by monitoring his personal correspondence
For breach of secrecy of correspondence, telephone conversations, telegraph or other correspondence transmitted by means of communication or computer criminal liability is provided, namely Art. 163 of the Criminal code of Ukraine, violation of secrecy of correspondence, telephone conversations, telegraphic or other correspondence transferred by means of communication or through the computer,
— shall be punishable by a fine of 50 to 100 non-taxable minimum incomes or correctional labor for up to 2 years, or restriction of liberty for up to 3 years.
That is, everyone has the right to private communication, however, it must be remembered that only in special cases, without being distracted from work responsibilities. Because in some cases, the employee will be liable for breach of employment contract, if these nuances are provided by internal regulations.