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: , , |

Recording Conversations without Consent

Are you recording conversations without someone's consent? Are you wondering whether it is lawful to do so? I bet you did not know that it is lawful to monitor a phone conversation or even someone speaking in a room full [...]

By | May 13th, 2016|Categories: Monitoring Law|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: , , , |

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: , , , , |

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 | October 16th, 2009|Categories: IT Law|Tags: , , , , |

Complying with RICA – a guide

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 (or RICA), which finally came into effect on 30 September 2005. RICA is the [...]

By | July 1st, 2009|Categories: Monitoring 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 [...]

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

Monitoring of Communications in South Africa

Employers often monitor employee communications in order to gather the evidence required to dismiss an employee fairly.  In South Africa, the law dealing with the monitoring and interception of employee communications is governed by the tongue-twistingly named Regulation of Interception [...]

By | September 25th, 2007|Categories: Monitoring 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: , , |