Dear Reader

I’ve just read a very interesting story that really got me thinking.

The Federal Cabinet in Germany has approved a draft law, which states employers can search for information about a job applicant online…but only on search engines or professional networking sites, not Facebook. This is because Facebook is a social, not professional, networking site, so the employer would be invading the applicant’s privacy.

I’m curious to see if South Africa will adopt a similar stance. The issue of employee privacy should be at the forefront of your mind, since the Protection of Personal Information Act will come into effect soon.
This also reminded me of a subscriber question I received a little while ago:

Can I monitor my employees’ emails and Internet use?

Question

Am I allowed to monitor my employees’ e-mails and Internet access? Am I allowed to monitor their private laptops and memory devices while they’re on company property?

Answer

Your employment contracts or company policy must state you have the right to monitor this. The employee must have signed that he agrees. If you don’t have signed consent, you may still be able to monitor activity if you have informed the employee you will, and it's for legitimate business purposes. The 'ROICA' legislation regulates this.

This won't apply to private laptops where the employees may have an expectation of privacy, unless they have consented explicitly.

We advise you to implement a policy that allows you to monitor electronic communications at the workplace and to which employees consent before you go ahead.

Get all your employees to sign this policy

Sample policy for consent to intercept employee communication

I acknowledge that I have read and understood the Company’s IT Policy, dated……….., and consider the Policy to be binding on me as part of my contractual relationship with the Company.

I further confirm that there is no guarantee or expectation of privacy on my part when using the Company’s IT systems and to this end, I expressly waive any right to privacy that I may be entitled to when using the Company’s IT systems.

I further acknowledge that any failure to observe and adhere to this Policy may, if applicable, result in the Company instituting disciplinary action against me, and if found guilty of such infringements this may lead to removal of my Internet privileges or dismissal, amongst other disciplinary sanctions, in terms of the Company’s Disciplinary Code.

I further acknowledge that this Policy is subject to modification and replacement and I am expected to keep abreast of the Policy, as amended from time to time and that the onus will be on me to familiarise myself with the provisions of this Policy and to clarify any actions contemplated where there is uncertainty in this regard prior to doing so.

Signed at ……………………….and dated……………….

…………………………………………………………………
print name and designation

Until next time…

Sarah-Jane Bosch
Managing Editor

P.S. If you’re a Labour Law for Managers subscriber, chapter E02 in your binder covers all the issues you need to know about employee privacy too…I suggest you have a look. Perhaps you’d like to know more about this service…click here for more information.

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