Why workplace monitoring is ok (As long as you’re not being creepy)

Yes, South African law says you can monitor what your employees are doing online – within strict limits. And yes, with remote work being more common, there might be good reason for you to do just that. But unless you want your workplace culture to turn into Survivor: Toxic Workplace Island, you must put a couple of things in place before you start monitoring. So, since we’d like to believe that you have the best interests of your employees at heart (and that you’re not Joe Goldberg from You) we put together a handy list setting out what you can (and can’t) keep an eye on, and how to respect the rights of your employees while you do it.

Thanks to legislation like the Protection of Personal Information Act 4 of 2013 (POPIA) and the Regulation of Interception of Communications and Provision of Communication-related Information Act 70 of 2002 (RICA), you can legally monitor your employees’ internet usage, keep tabs on the device they’re using (if it’s your property), and intercept their communication if it’s work-related.

But do you really want to? Is the insight you might gain into how your employees spend their time worth the possible ick factor of making them feel watched? True, there may be circumstances under which monitoring your employees is necessary. Still, employees who feel they’re under constant surveillance will be less motivated and more likely to look for another job. Nothing says “micromanagement” quite like excessive monitoring.

The same legislation requires that you tell your employees if you’re monitoring their online activity. In other words, don’t be creepy. It is best to always be transparent about what you’re doing and why you’re doing it. Start with a policy that states what kind of monitoring will be done (e.g., browser history, emails, social media), how often and for what purpose monitoring will occur (e.g., security, productivity, legal compliance), and when monitoring will begin.

The added benefit of being upfront about workplace monitoring is that if people know someone is watching, they will be less likely to do their online shopping on your dime or binge-watch the new Netflix series during work hours.

It’s better to take a minimalist approach to monitoring if you don’t want to undermine your employee autonomy. In other words, unless you work in an industry that requires it, it’s best not to monitor every keystroke. Instead, monitor specific tasks or processes (for instance, when customers’ personal information is being handled).

Tip 1: if specific kinds of content or online platforms are proving problematic, blocking the site or content may be easier than going after an individual employee.

You must safeguard personal information and protect your employees’ privacy rights. This is where POPIA comes into play.

POPIA gives employees the power to:

• request a record of all their personal information (yes, that includes the browser history where they were looking up ‘how to speak to your boss nicely instead of telling them to go fluff themselves’ (Tip 2: if you don’t want awkward weekly meetings, don’t ask awkward questions);
• find out what’s being done with their personal information;
• correct any inaccuracies, like when you mistake your employees’ pet guinea pig for their emergency contact;
• know who’s been spying on their details;
• question why their information is being processed like cheap cheddar cheese;
• object if things get too creepy;
• get the lowdown on how automated decisions are made;
• withdraw consent; and
• file a complaint if they think their privacy has been trampled on.

Still want to go ahead with some careful monitoring? Contact us. We’ll help you with your privacy notices and policies to ensure your POPIA compliance is in check, making your monitoring practices effective and ethical.