Interception Act signed into law
The often controversial Regulation of Interception of Communications and Provision of Communication-Related Information Act (previously known as the Interception and Monitoring Prohibition Bill) was signed into law by President Mbeki in the last days of 2002.
The Act has particular relevance to employers who provide their employees with access to e-mail and the Internet and who wish to exercise some degree of control over their employee's online habits. While there is contained in the Act a general prohibition on the interception and monitoring of electronic communications, an exception is made in respect of the workplace, where employers may monitor e-mail and internet usage subject to the provisions of the Act.
The Electronic Law Consultancy has been monitoring the Act for some time and is well-placed to offer advice to employers who wish to institute or continue their monitoring activities. The Act, read together with South African labour law relevant to the disciplining and dismissal of employees, makes it highly advisable for employers to institute an Electronic Communications or Acceptable Use Policy and to ensure that this dovetails with employment contracts.
03 Mar 2004
This article is intended to provide general guidance and does not constitute professional advice relating to specific instances. Should you wish to place any reliance on the information presented in this article we strongly advise that you consult your legal advisor or the Electronic Law Consultancy - email@example.com