People expect to have some privacy at work, even if they are on their employer’s premises and using the employer’s equipment. At the same time, employers need certain information about their employees for things like pay and benefits, and they have to be able to ensure that work is being done efficiently and safely.
Employers and employees are often subject to privacy laws. One such act is the The Protection of Personal Information Act, 2013 (POPI) which has been partially in effect since 11 April 2014 (the provisions relating to the appointment of an Information Regulator). The expectation is, according to the timeline on the Information Regulator’s website, that POPI will be fully effective during is March / April 2018.
The preamble to POPI records that POPI emanates from s14 of the Constitution of the Republic of South Africa, 1996, which section provides that everyone has the right to privacy and it includes a right to protection against the unlawful collection, retention, dissemination and use of personal information. POPI gives expression to the constitutional values of democracy and openness, recognising the need for economic and social progress within the framework of the information society and the
need for a removal of unnecessary impediments to the free flow of information, including personal information.
POPI also hails a new dispensation for employers and employees. It introduces obligations upon employers and grants rights to employees in an attempt to balance the right of employers to conduct a business with the right to the privacy of its employees. POPI is not limited to the parties to an employment relationship, but there is no doubt that they are subject to its protections.
The links on this page provide information about privacy issues that may arise in the workplace.