Abstract
This article discusses the opposing dynamics in the modern workplace environment, specifically employees’ expectations of e-privacy and employers’ interception and monitoring of electronic communications. In terms of the Regulation of Interception of Communications and Provision of Communication-Related Information Act 70 of 2002 employees must take prior notice of or consent to the interception and monitoring of their e-communications. The article focuses on the extent to which click-wrap agreements and hypertext or XML links to e-workplace policies could meet these requirements.
Highlights
Introduction to the ECT ActIt is believed that the Electronic Communications and Transactions Act48 was enacted to remove barriers that previously hampered the validity of electronic consent
Legal opinion was sharply divided on the implementation of the Regulation of Interception Act, regarding the implementation of its sections 5 and 6
The ECT Act addresses a very wide spectrum of issues covering social, economic and political objectives. This across-the-board approach, of addressing almost all issues related to electronic commerce in one statute, is not common. It has been noted49 that time will tell whether a piecemeal, ad hoc approach or a sweeping pragmatic approach in reforming law is better suited to the logic of electronic commerce
Summary
The introduction of computers into the workplace has significantly changed the way in which employers conduct their business. The rapid deployment and infusion of e-communication technologies in the workplace have affected the way in which employees are expected to perform their duties. The employer has a right to protect her business interests and the integrity of her computing equipment against viruses, excessive use and "cyber loafing", which implies the employee's omission to do assigned work. It is in this context that Le Roux notes: The employer is permitted to set more general standards relating to conduct in the work place and to the use of equipment and tools. The extent to which an employee's privacy in the work place may be limited by the monitoring of her e-communications is an issue of some complexity and debate
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