Act gives employees greater privacy in workplace

Leigh-Anne Sa Joe company policies regarding an employee’s private communication at work may have to be revised thanks to an Act which came into effect in late September that entitles employees to greater privacy in the workplace. The Interception of Communications and Provision of Communications Related Act (RICA) 70 of 2002 prohibits employers from accessing certain elements of their employees’ private communication at work, specifically emails and telephone calls. According to the Act, employers may not intercept or acquire content of their employees’ communication through the act of monitoring, viewing, examining or inspecting contents of a message that is intended for an employee. If they do, the employee has to be informed and permission must be given. However, the employer has the right to intercept in any form the employee’s communication if it takes place during the course of the business, if it somehow relates to the business, or if it takes place during the course of carrying on that business. This, however, is unclear according to Lisa McNamara, editor of the Labour Bulletin, as it may be interpreted that employers may intercept any communication during working hours or that employers may only intercept an employee’s communication that is directly related to business activities.