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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.
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