Can your employer "snoop" on your cell phone?

It depends on whether the employer supplied you with a cell phone in order for you to do your work and it is the contents of that cell phone which the employer is looking at. 

In terms of our legislation, particularly the Regulation of Interception of Communications Act, 2002 citizens are generally protected against having their private communications monitored by the State or other people.  However, as with all legislation there are exceptions to these rules. 

One exception is when a person has consented to the surveillance of their data. Often an employer will provide an employee with a lap top or a cell phone and in its policies it will state that the employee cannot have an expectation of privacy when using equipment provided by the employer. 

Even though this places limits on an employee's right to privacy, it would not be viewed as illegal as the equipment has been provided solely for work purposes. If however the employer has hacked your personal cell phone, which you do not use for work purposes and has not been supplied by them, then you may have an argument that they have contravened the law and intercepted your communications illegally.

This may not be enough to save your job if you have been "bad mouthing" your employer to others, as that may indicate that there is a break down in the employment relationship, however, that is a subject for another day!

Here's a prime example:

Verlie Oosthuizen

Shepstone & Wylie Social Media Law Department