monitoring

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Why the Microsoft Ireland Case is Important?

The Microsoft Ireland case considered whether the US government could compel Microsoft to give it access to Hotmail emails it holds on its server in Ireland. Could a US Government search warrant compel Microsoft to retrieve emails it holds on [...]

By | July 14th, 2016|Categories: POPI and Data Protection|Tags: , , |

UN concerned about Privacy and Interception in South Africa

The United Nations Human Right Committee is concerned that the South African Government is unlawfully surveilling, intercepting and monitoring the private communications (like emails, SMSs, and phone calls) of its citizens on a mass scale. The committee is concerned that the National Communications Centre [...]

By | April 20th, 2016|Categories: POPI and Data Protection|Tags: , , |

Facebook Privacy in the Workplace

Facebook privacy has become a major issue in the workplace. Facebook has many benefits and many employees use it in the workplace. It is not just a social tool, and for many employees it is crucial to their work. But [...]

By | February 16th, 2012|Categories: POPI and Data Protection|Tags: , , , |

When is your email private

The case of Smith and Partners in Sexual Health (Non-Profit) CCMA (WECT 13711-10) heard in the CCMA in October 2010, which we wrote about here, raises this interesting question? When can an email be considered the "private" property of the employee and [...]

By | October 19th, 2011|Categories: Email Law|Tags: |

A Practical Approach to Implementing POPI

Many organisations are trying to assess the impact of POPI on their business. This makes a lot of sense, because you need to assess where you are before you can find the gaps. You can only then find solutions to [...]

By | October 18th, 2011|Categories: POPI and Data Protection|Tags: , , |

Gmail Privacy and Employee Rights

Gmail privacy has become an ever increasing issue and topic of conversation. Some employers allow employees to use webmail services, like Gmail? Does an employee have a right to use it? Can an employer monitor their use? Maybe to protect [...]

By | October 7th, 2011|Categories: POPI and Data Protection|Tags: , , , , |

Privacy in the workplace – an interview

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 [...]

By | March 20th, 2009|Categories: POPI and Data Protection|Tags: , , , , |

Leave my laptop alone

In this post we look at how your laptop may be treated at a South African Airport and the possible impact of this on your right to privacy. Nowadays, more and more people work flexi hours, from home or live [...]

By | March 9th, 2009|Categories: POPI and Data Protection|Tags: , , , |

Opening Absent Employee Email

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 [...]

By | October 24th, 2008|Categories: Email Law|Tags: , , |

Link between Monitoring and Privacy

There is direct link between the concepts of monitoring and privacy. Privacy The Constitution of the Republic of South Africa of 1996 ("the Constitution") recognises the right to privacy in South Africa as a fundamental right in section 14.   It [...]

By | August 25th, 2007|Categories: Monitoring Law|Tags: , , |