South African employers are permitted to monitor employee performance and productivity.

The relevant legislation for the surveillance of people and their electronic communication includes:

• The Protection of Personal Information Act (PoPIA).
• Regulation of Interception of Communications and Provision of Communication – related Information Act (RICA).

In terms of PoPIA, employees should be made aware that their performance and productivity is being monitored by the employer, and the employer should provide reasons for doing so to the employee.

RICA – a business may intercept any indirect communication when it relates to the business or takes place during the carrying on of the business.

While employers do not have an unrestricted right to monitor employees’ behaviour, they can collect and retain data during the time when the employer has a reasonable expectation that their employees should be furthering their business interests.

Monitoring visits to internet sites to see whether they are unwarranted or prohibited in terms of company policy is allowed. Most employment contracts also provide general consent in terms of the monitoring of electronic communications for business purposes.

We would like to assure you that the WorkStatz software meets the criteria contained within the Protection of Personal Information Act (PoPIA) which governs the right to privacy including the unlawful collection, retention, dissemination and use of personal information.