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ISPs: when and when not to reveal information on your client

Friday, October 16th, 2009

Hosting companies and Internet Service Providers (ISPs) are often faced with the dilemma of being requested to reveal information about the identity or activities of their clients.  The request may come from: a third party who alleges that a wrong has been done to him (or an attorney acting on his ...

Email compliance: email law in South Africa

Friday, August 14th, 2009

There are many benefits to be gained by managing your emails properly. These are some of them: the ability to automatically migrate the emails to other storage media, thereby making the email servers more efficient and users more productive; the ability to make the email system serve as an organisational knowledge store, ...

Complying with RICA

Wednesday, July 1st, 2009

RICA EXPLAINED - a guide to the Act South Africa has followed international trends with the enactment of the Regulation of Interception of Communications and Provision of Communication Related Information Act 70 of 2002 ("RICA") which finally came into effect on 30 September 2005. RICA is the piece of legislation ...

Privacy in the workplace - an interview

Friday, March 20th, 2009

Recently Helaine Leggat was one of the guests on Kaya FM to comment on the interception of email, voice, or other communications in the workplace and the right to privacy in the workplace. Caution: The audio files on Michalsons can be large. Most are about 2.5MB in size and last for ...

Can I read documents on your PC?

Sunday, November 2nd, 2008

Company X receives a complaint that an employee sends out a lot of pornographic pictures which offend lots of other users. Will it infringe Mr Employee's right to privacy if it accesses the employees computer to investigate the complaint? Would the situation be any different if the Company wanted to ...

Opening absent employee email

Friday, October 24th, 2008

Can a company open an employee's email whilst he is away on holiday or out of office? Section 6 of our monitoring law, the Regulation of Interception of Communications & Provision of Communication-Related Information Act of 2002 (RICA) allows companies to monitor and intercept email provided that it takes place "in ...

Recording conversations without consent

Friday, October 24th, 2008

I bet you did not know that it is lawful to monitor a phone conversation or even someone speaking in a room full of people without their consent to do so. This is something that recently happened to the Springbok (sorry Protea) rugby player Luke Watson. The Financial Mail ran a piece ...

CCTV and the cloakroom

Thursday, October 9th, 2008

Do you use CCTV cameras?  Are people aware that you are recording their every move?  You might be infringing their right to privacy! Whether or not a person is able to claim that an audio or visual recording is "private", will depend on whether: the person subjectively (from their point of ...

CCTV and the law (20 October 2008)

Thursday, October 9th, 2008

Helaine Leggat from Michalsons will be participating in a panel discussion on CCTV and privacy at iLegal '08 on 20 October 2008.  You can register online.

Monitoring of Communications

Tuesday, September 25th, 2007

Employers often monitor employee communications in order to gather the evidence required to dismiss an employee fairly.  The law dealing with the monitoring and interception of employee communications is governed by the tongue-twistingly named Regulation of Interception of Communications and Provision of Communication Related Information Act, 70 of 2002 ...