THE LEGALITY OF EMPLOYEE MONITORING TOOLS
Legally most employers can monitor what employees do while working as long as it is for legitimate business purposes, or they have the employees’ consent. If an employee decides to engage in personal activities during business hours, it is at their own risk.
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.
WorkStatz is 100% compliant as we:
- Only track active screen time including time spent, the application name, file name or website name only
- Have no visibility into the actual contents within and therefore do not store that information on WorkStatz servers, meeting the requirements of PoPIA to protect the personal data of our employees
- Do not keystroke track nor take video or camera footage of the user on that device. However, screen shots are optional for company infringements
- Does not process any credit card information or banking information of our employees, other than the names of employees provided by your company upon setup