On 10 March 2007, the Garante, Italy’s data protection authority, issued a guidance paper which attempts to
assist employers to overcome some of the hurdles and to allow monitoring in a way that satisfies the requirements of the EU Directive as implemented in Italy. The paper contains a legally binding interpretation of the statutory requirements for monitoring in the workplace. Unfortunately, however, the paper resolves only some of the problems that global organisations are facing. It fails to address the question of whether fulfilling an extra-territorial legal obligation, such as responding to a discovery request under US rules, may legitimise monitoring.
The main provisions of the paper are highlighted below and show how employers can mitigate the risks.
Firefox recommends the PDF Plugin for Mac OS X for viewing PDF documents in your browser.
We can also show you Legal Updates using the Google Viewer; however, you will need to be logged into Google Docs to view them.
Please choose one of the above to proceed!
LOADING PDF: If there are any problems, click here to download the file.