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  • LinkedIn

    Do employers / ex employers have the right to access your LinkedIn messages if sent from a work PC?
    Tags: None

  • #2
    Re: LinkedIn

    According to the EHCR (Barbulescu v Romania)- yes. Does your employer have a policy on use of work computers/telephones etc for personal use ?
    #staysafestayhome

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

    Received a Court Claim? Read >>>>> First Steps

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    • #3
      Re: LinkedIn

      :bump: for [MENTION=19071]teaboy2[/MENTION] [MENTION=26290]mariefab[/MENTION] ?
      Debt is like any other trap, easy enough to get into, but hard enough to get out of.

      It doesn't matter where your journey begins, so long as you begin it...

      recte agens confido

      ~~~~~

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      • #4
        Re: LinkedIn

        Yes but only if they make it clear they may monitor personal use and emails/messages from the work PC in their IT policy or Handbook. If they don't then they shouldn't be monitoring your private emails or messages!
        Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

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        • #5
          Re: LinkedIn

          Originally posted by Amethyst View Post
          According to the EHCR (Barbulescu v Romania)- yes. Does your employer have a policy on use of work computers/telephones etc for personal use ?
          Well, the first question, yes there's a right protecting your privacy based on human rights as per article 8, Convention/ Human Rights Act 1998. The next question, is can the employer interfere with article 8, again the answer is yes depending on the situation. In the case Amethyst quotes the employer had knowledge his communications were being monitored as the company policy was that computers/ the internet could not be used for personal use. I note Linked-in is a different matter as it is a business occupation/ use and clearly not personal communication as per Barbulescu (2016) and other related cases. I would say in my view, as someone who has studied public law which includes human rights as part of a law degree, that said case does not necessarily mean it's binding on professional communication. I think your situation is an interesting challenge and could be viewed as ought to receive distinguishing treatment (ie different) on your facts were this be a legal matter. So in answering your question, I do not think your employer can breach your right to privacy on the limited facts you provided.

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          • #6
            Re: LinkedIn

            If the LinkedIn messages were professional and in the line of employment, I doubt very much there would have arisen the question. If they were personal messages, as often with LinkedIn prospecting for new opportunities etc then it depends hugely on your employers rules on use of worktime/computers for personal use.
            #staysafestayhome

            Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

            Received a Court Claim? Read >>>>> First Steps

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            • #7
              Re: LinkedIn

              I will say it again do not post anything on the web that you do not want others to see

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              • #8
                Re: LinkedIn

                The case quoted was an employee using a work based email account for personal emails so is a whole different ball game.

                Otherwise I would agree with tea boy

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                • #9
                  Re: LinkedIn

                  What if i'm using my smart phone and my mobile internet, for posting messages on social media networks suck as Facebook and LinkedIn. I'm asking this because now, i wouldn't be using employer's internet or hardware. I would be using my smart phone in lunch time. Does employer still check my msgs...?

                  Comment


                  • #10
                    Re: LinkedIn

                    If it is your own smart phone, using your own mobile internet, in your own time.... no he can't.
                    #staysafestayhome

                    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                    Received a Court Claim? Read >>>>> First Steps

                    Comment


                    • #11
                      Re: LinkedIn

                      if you aren't using the employer's internet ... how can they check your messages?? :noidea:
                      Debt is like any other trap, easy enough to get into, but hard enough to get out of.

                      It doesn't matter where your journey begins, so long as you begin it...

                      recte agens confido

                      ~~~~~

                      Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

                      I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
                      But please include a link to your thread so I know who you are.

                      Specialist advice can be sought via our sister site JustBeagle

                      Comment


                      • #12
                        Re: LinkedIn

                        I always treat e-communication as if someone was watching over my shulder.......shouder......

                        B:censored:rit!!!

                        :eek2:
                        CAVEAT LECTOR

                        This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                        You and I do not see things as they are. We see things as we are.
                        Cohen, Herb


                        There is danger when a man throws his tongue into high gear before he
                        gets his brain a-going.
                        Phelps, C. C.


                        "They couldn't hit an elephant at this distance!"
                        The last words of John Sedgwick

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                        • #13
                          Re: LinkedIn

                          If you have accessed these accounts from a work computer you may want to change the passwords. The employer may have installed spyware on the work PC

                          If you are using you mobile data and your phone there is no way that I can see that they can access your messages

                          Comment


                          • #14
                            Re: LinkedIn

                            Originally posted by charitynjw View Post
                            I always treat e-communication as if someone was watching over my shulder.......shouder......

                            B:censored:rit!!!

                            :eek2:
                            That's so right and I have the same feeling too, especially when I search something personal on Google.

                            Comment

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