February 4, 2023

Volume XIII, Number 35

Error message

  • Warning: Undefined variable $settings in include_once() (line 135 of /var/www/html/docroot/sites/default/settings.php).
  • Warning: Trying to access array offset on value of type null in include_once() (line 135 of /var/www/html/docroot/sites/default/settings.php).
Advertisement

February 03, 2023

Subscribe to Latest Legal News and Analysis

February 02, 2023

Subscribe to Latest Legal News and Analysis

Dutch Court Rules Active Webcam Policies Violate Human Rights

A Dutch court ruled in favor of a Dutch national employed by a U.S. company who was fired for refusing to turn on his webcam. The ruling was part of the employee’s wrongful termination lawsuit against his former employer, Chetu, Inc, a Florida-based software company. Chetu’s company policy requires employees to have their webcams and screens visible on remote viewing software for several hours daily. The employee was fired for “refusal to work” and “insubordination” when he refused to comply and open his webcam cover.

The court disagreed, finding that the policy violates Article 8 of the European Convention of Human Rights. Article 8 protects the “right to respect for private and family life.” The court ordered Chetu to pay the employee’s legal fees, provide back wages, and pay a fine for violating employment law.

This ruling is a marked difference from U.S. law, which does not generally prevent businesses from observing their remote workers via webcam, email, or screen monitoring. However, the tide may be changing on this issue. The spike in remote work following COVID-19 has inspired some states, including Delaware and New Jersey, to pass laws restricting such heavy-handed remote management.

Blair Robinson, non-lawyer intern at Robinson Cole, authored this article.

Copyright © 2023 Robinson & Cole LLP. All rights reserved.National Law Review, Volume XII, Number 293
Advertisement
Advertisement
Advertisement

About this Author

Our lawyers are knowledgeable about data collection technology, including the use of cookies. We also understand the value of collecting and using data for marketing and other strategic purposes.

We are well versed in data breach response, remediation, coordination, and litigation, including investigations by the U.S. Office of Civil Rights and state AGs.

We actively attend and speak at FTC, state AG, and industry-sponsored workshops and programs on data privacy and security developments, cases, trends, and agendas. We...

401.709.3353
Advertisement
Advertisement
Advertisement