Can I Install a Nanny Camera?

We Have Simple Answers for You!

In South Africa, the use of electronic devises to monitor or record your employee is regulated by the  Regulation of Interception of Communications and Provision of Communication-Related Information Act 70 of 2002 (“RICA”).

Can I use a camera to record my nanny?

  • Yes. However, according to RICA, you have to get written consent from your nanny, stating that she is aware that he/she will be recorded or monitored and that he/she is okay with it.  This requirement must be met although it can be argued that in most cases, it defies the purpose of catching the nanny doing something wrong.
  • Failure to acquire this written consent is a criminal offence and a fine or imprisonment may be imposed upon conviction.
  • The nanny’s right to privacy must be respected. This means that you may not put cameras in certain rooms such as the bathroom or bedroom, where there is an expectancy of privacy. You must also specify the rooms that will be monitored/ recorded.

Can I use the recordings in court?

Yes, the recording can be used in both civil and criminal proceedings provided:

  • all the requirements are met
  • the recording is audible and clearly shows what happened
  •  the recording can be authenticated, meaning it has not been tampered with.

We hope this has been as useful as it is simple. 

Disclaimer

The information contained on https://mysimplifiedlaw.wordpress.com at providing you with guidance on the South African law. We have ensured that this information is accurate, however, the law is constantly being changed. Although we have tried to keep this information accurate, we cannot guarantee that there are no omissions  or errors. Therefore, http://www.mysimplifiedlaw.wordpress.com will not , under any circumstance accept liability for or be held liable for  consequences resulting from the use or inability to use the information by the reader or negligence by us in relation to the information used. Every person has unique circumstances and this information has not been provided to meet individual requirements.

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