Monitoring

It is necessary to have a basic understanding of what our monitoring law (RICA) allows and does not allow when it comes to monitoring.
Whilst the issue of monitoring in the workplace appears to be simple on the face of it (essentially because only 4 sections of RICA are involved), it is in reality a complex issue, particularly because some of those sections have been drafted in such a way that they give rise to interpretation issues and consequent legal uncertainty. In addition there is very little case law around the old Monitoring Act (pre-RICA) and no case law addressing some of the important issues raised in this report since the implementation of RICA. RICA is one of the least understood and most poorly implemented IT laws.

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