There are even some cases where your boss can request to see your phone and WhatsApp messages.
The Frankfurt-based bank earlier this year sent a memo to staff warning them that any business-related messages going through private channels mustn’t be deleted as the act could be considered a crime under US law.
“There are not separate confidentiality requirements for email, SMS, WhatsApp or even oral communications. For that reason, depending on the terms of the contract with an employee or contractor, an employer or principal could require an employee or contractor to retain WhatsApp messages where those contain information relating to the business of the employer.”
For that reason, if an employee is using WhatsApp to conduct the business of their employer, the employer must ensure that these activities are POPIA compliant, he said.The transfer of data to third parties outside South Africa;The purpose for which the personal information is being used. “Finally, it is important to remember that WhatsApp and other messaging tools are operated by third parties, so employers should always be mindful of any regulatory requirements that may restrict how they provide data to third parties.
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