This is an index of the legal resources related to privacy (especially regards the workplace) from 2006 to 10 September 2009.
Electronic communications – email, entrapment, internet, SMS, tapping
Refer also to: Evidential aspects
Note: See “Code of Practice on the Protection of Workers’ Personal Data” [ILO, Geneva, Meeting of Experts on Workers' Privacy, Geneva 1-7 October 1996] published in (1997) 18 ILJ 26-55.
Grogan [EL (2004) 20/2 p9] discusses RICA, [Regulation of Interception of Communications & Provision of Communications-related Information Act 70 of 2002] which came into effect on 30 September 2005, and some related issues.
See also ECTA (Electronic Communications & Transactions Act 25 of 2002).
Warren Beech “The Right of an Employer to Monitor Employees’ Electronic Usage and other Recordings” (2005) 26 ILJ pp 650-660 discusses pre-RICA, being the Interception and Monitoring Prohibition Act 127 of 1992, repealed with effect from 30 June 2008.
Constitutional Court
Magajane v Chairperson, NW Gambling Board (GF 6241) [Van der Westhuizen J, 8.06.2006]
2006 (10) BCLR 1133 & [2006] JOL 17821(CC)
Appeal allowed after leave granted – inspection an invasion of privacy – NW Gambling Act 2/2001 s65 invalid as it violated constitutional right to privacy.
High Court
Tshabalala-Msimang v Makhanya (GF 6712) [Jajbhay J, 30.08.2007]
[2008] 1 All SA 509; 2008 (3) BCLR 338; 2008 (6) SA 509; [2007] JOL 20547 (HC-GSJ)
Medical records ordered to be returned to hospital – respondents to delete all copies of those records but not personal notes – discharged interim order preventing the respondents from further commenting on the records.
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