Monitoring Law

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Biden executive order on American sensitive personal data

There is a new Biden executive order on American sensitive personal data that protects American citizens from exploitation by countries of concern. It relates to sensitive personal data or information. It authorises the Attorney General to prevent the large-scale transfer [...]

Must an ISP RICA its customer?

An ISP only needs to RICA (or verify the identity of) its customers if it provides an electronic communications service (ECS) as defined by law. We can help you know whether you must RICA your customers by giving you a [...]

By |2023-03-23T13:32:43+02:00March 22nd, 2023|Categories: Electronic Communications Law, Monitoring Law|Tags: |

CCTV and the cloakroom | Using CCTV monitoring lawfully

Do you use CCTV monitoring? 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", [...]

By |2022-11-28T15:16:45+02:00July 18th, 2021|Categories: Monitoring Law|Tags: , , , |

Complying with RICA – a guide

RICA stands for the Regulation of Interception of Communications and Provision of Communication Related Information Act 70 of 2002 and finally came into effect on 30 September 2005. RICA is the piece of South African legislation that governs the interception or [...]

By |2022-11-29T14:38:46+02:00January 1st, 2019|Categories: Monitoring Law|Tags: , , , , , |

Monitoring or intercepting of communications lawfully

The monitoring of communications must be done lawfully. For example, employers often monitor employee communications (for example, email, websites visited and telephone calls made) in order to gather the evidence required to dismiss an employee fairly. Companies sometimes monitor [...]

By |2020-12-02T17:28:59+02:00September 25th, 2018|Categories: Monitoring Law|Tags: , , , |

Recording Conversations without Consent

Do you want to record a conversation without someone's consent? Do you wonder whether it's lawful to do so? While different jurisdictions will give you different answers, you might be surprised to find out that - in many cases - recording without consent is legal. This [...]

By |2019-06-27T11:53:17+02:00March 28th, 2017|Categories: Monitoring Law|Tags: , , |

Can I read documents on your PC?

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 [...]

By |2019-08-24T10:50:08+02:00November 2nd, 2008|Categories: Monitoring Law|Tags: , , |

Link between Monitoring and Privacy in South Africa

There is direct link between the concepts of monitoring and privacy. The two need to be balanced and the right to privacy is not an absolute right and can be limited by invoking the general "limitation clause" in section 36 of [...]

By |2019-06-26T11:15:42+02:00August 25th, 2007|Categories: Monitoring Law|Tags: , , |