Beware: Anyone can record conversations they have with you – and then use it against you

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Beware: Anyone can record conversations they have with you – and then use it against you
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Beware: Anyone can record conversations they have with you – and then use it against you | BISouthAfrica

Labour Court rulings have also made it clear that employers may record and use your conversations against you. Contrary to what may you think, it’s perfectly legal for anyone to secretly record a conversation they have with you, says a Johannesburg attorney.

“Section 4 of the Regulation of Interception of Communications and Provision of Communication-Related Information Act, 2002 provides that any person, other than a law enforcement officer, may intercept any communication if he or she is a party to the communication, unless such communication is intercepted by such person for purposes of committing an offence.”

“This would of course mean that if evidence is obtained in a manner that violates an employee’s right to privacy, it would not be admissible. However, section 35 of the Constitution qualifies this to essentially provide that such evidence would be admissible if it is in the interests of justice to do so,” says Bregman.

An employer is entitled to breach the privacy of an employee if it can prove that the employee gave his or her consent or that the breach was justified by necessity or in the interests of justice to do so, says Bregman.

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