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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
The monitoring of communications must be done lawfully. 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. In South Africa, the law dealing [...]
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 [...]
