The fact that employers could face severe penalties if they fail to disclose to employees that they will intercept and inspect electronic communication has implications for both parties.
"South African regulators are participating in a global trend. The regulation of e-mail and electronic correspondence comes down to the fact that companies have a right to protect their assets, make profit and ensure that costs are kept to a minimum. At the same time, employers have to take into account the rights of the individual as far as privacy is concerned. From a business perspective, there is a solution in allocating private accounts according to a clearly worded policy drawn up by the employer and understood and signed by the employee. Current employees can also be asked to sign a separate letter of consent. If an employee disagrees and refuses to be bound by the contract, a company can then place the individual on a general account – perhaps specific to a division or area of business – under the proviso that no personal correspondence will be entered into. Communication is a key element here," says Reimschüssel.
Compliance with the new legislation has everything to do with having a comprehensive security policy in place. Aside from the fact that it makes the adherence process a lot easier, it also leaves no room for speculation or uncertainty.
"Companies are responsible to stakeholders, clients and partners. They are under no obligation to offer a personal account facility to current or new employees. A firm security policy clearly stated and communicated to all staff members is the best way of avoiding possible disputes or misunderstanding. The policy can detail certain conditions according to which employees can make use of resources for private use and can specify what is allowed and what not," adds Reimschüssel.
According to Biodata IT, this is should not be perceived as draconian in approach because anyone that takes a vested interest in the company has a fair opportunity to understand the regulations, and like any other contract, has the option to either accept or reject the conditions.
"Companies are forced to look at expenditure to a far greater degree than in the past. An investment in IT infrastructure and resources has to be used to enhance business and cannot be left open to abuse – it is as simple as that. There is software available that assists management to put into place inspection and content management mechanisms. At the same time, employees are not kept in the dark as far as regulation is concerned, companies are now legally obliged to inform staff that their communication will be intercepted. Big brother is watching, but Big Brother is paying for the resources."
