Date: June 05, 2007 - 7 pm
Category: Advice, Clients, Information Security, IT Governance, Privacy and POPI
Information Security policies support compliance in many ways.
Vicarious liability
Beyond sensitising employees to the risks posed by technology, information security policies minimise the organisation’s exposure to vicarious liability for unauthorised or unlawful acts carried out by employees during the course and scope of their employment.
As a general rule an employer is vicariously liable in civil law for any wrongful act committed by his employee while in the general scope of his employment or whilst engaged in any activity reasonably incidental thereto (Mkize v Martins 1914 AD 382 at 290). An employer may also attract liability where there has been ‘passive approval’ of the activities that an employee is engaged in which may fall outside the scope of their authority. An employer is therefore responsible for ensuring that defamatory, discriminatory or racist, and the like, behaviour, whether by e-mail / Internet related activities or otherwise, does not take place in the workplace.
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Tags: Information Security, information security policies, it security policies, security policy
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