RICA

Complying with RICA – a guide for organisations

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 [...]

By |2026-03-26T16:52:31+02:00March 25th, 2026|Categories: Electronic Communications Law, Monitoring Law|Tags: , , |

Liquid Telecom enforcement action | Recording meeting without consent

The Liquid Telecom enforcement action regarding recording meeting without consent arises from a decision where Kenya’s data protection regulator fined Liquid Telecommunications Kenya 700,000 Kenyan Shillings for unlawfully recording and retaining a former executive's Zoom meeting without consent. The ruling […]

Monitoring or intercepting of communications lawfully

The monitoring of communications must be done lawfully. For example, employers often monitor employee communications (such as email, websites visited, telephone calls, and the use of AI tools) to gather the evidence required to dismiss an employee fairly. Companies [...]

By |2026-03-26T17:00:47+02:00March 14th, 2026|Categories: Monitoring Law|Tags: , , , |

Justin Brewer v Otter AI | Consent for AI meeting assistants

In Brewer v Otter.ai, the U.S District Court for the Northern District of California, Justin Brewer filed a class-action lawsuit against Otter.ai. Brewer alleges that Otter.ai's "Otter Notetaker" and "OtterPilot" tool deceptively record private conversations without proper consent and use [...]

Firstrand Bank Ltd t/a Wesbank v Govender

In Firstrand Bank Ltd t/a Wesbank v Leon Gregory Govender, Wesbank successfully sued its client for the breach of an electronic contract. Who should care about this judgment and why? Anyone who uses and enters into electronic contracts. What could [...]

By |2025-03-29T09:31:39+02:00June 6th, 2023|Categories: Contracts|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 - [...]

By |2026-01-21T14:28:56+02:00March 28th, 2017|Categories: Monitoring Law|Tags: , , |

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 |2019-06-28T15:01:44+02:00July 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 |2022-12-20T12:51:20+02:00April 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 |2019-07-31T09:51:00+02:00February 16th, 2012|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 |2022-12-08T15:39:35+02:00October 7th, 2011|Categories: POPI and Data Protection|Tags: , , , , |

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

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 [...]

By |2023-02-28T07:09:09+02:00October 16th, 2009|Categories: IT Law|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 [...]