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Can you legally use a camera to spy on your domestic worker?

12 May 2021 4:56 PM
Tags:
Labour law
CCTV
POPI Act
nanny cam
spy camera

What are the legal implications of installing cameras in your home to monitor those who work for you? Pippa Hudson finds out.

Millions of South Africans employ people to work in their homes and to look after their children, but with security and safety a paramount concern, what can you do legally to keep an eye on your home and your kids when you're away?

For some, the answer lies in installing recording devices in the home.

But while CCTV or a 'nanny cam' may be a useful gadget that provides peace of mind, is it legal?

Can you, in fact, install cameras in your home to monitor those who work for you, without falling foul of the law?

Labour lawyer Nivaani Moodley at Webber Wentzel joined Cape Talk's Pippa Hudson as part of a broader discussion on CCTV in the workplace and the relevance of the new Protection of Personal Information Act (POPI).

Moodley says while Popi doesn't actually apply to personal activities or to households, she would advise those who hire people to work in their homes to be transparent about any recording devices.

It would be best practice to inform the people who work for you...that you have cameras.

Nivaani Moodley, Labour lawyer/Partner - Webber Wentzel

Advising them of the cameras and getting their consent to actually record them would be an absolute defence if you needed to use that video footage in the future.

Nivaani Moodley, Labour lawyer/Partner - Webber Wentzel

In March two housesitters were caught on CCTV abusing a dog at a property in Hermanus.

A video of the alleged abuse went viral on social media and two people have since been charged with animal cruelty.

Take a listen to the full interview on CCTV and the law - click below:




12 May 2021 4:56 PM
Tags:
Labour law
CCTV
POPI Act
nanny cam
spy camera

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