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Mauritius - Employee Monitoring

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Mauritius - Employee Monitoring

1. Governing Texts

1.1. Legislation relevant to employee monitoring
1.2. Sector-specific legislation relevant to employee monitoring
1.3. Guidelines from supervisory authorities
1.4. Notable decisions, i.e. case law or decisions from supervisory authorities

2. Telephone

2.1. What are the rules for recording telephone conversations?
2.2. For which purposes may an employer carry out this type of monitoring?
2.3. Is prior notification/approval with the data protection authority required?
2.4. Is prior notification/approval/consultation from works' councils required?
2.5. Is consent required from employees? If so, how should consent be sought?
2.6. Is consent required from other parties to the call? If so, how should consent be sought?
2.7. Is there a legal requirement for employers to have a written policy in place governing telephone monitoring?
2.8. Are there any exemptions to the legal requirements which govern this type of monitoring?
2.9. What are the retention requirements applicable to data collected through telephone monitoring?

3. CCTV

3.1. What are the rules for CCTV surveillance?
3.2. For which purposes may an employer carry out this type of monitoring?
3.3. Is prior notification/approval with the data protection authority required?
3.4. Is prior notification/approval/consultation from works' councils required?
3.5. Is consent required from employees? If so, how should consent be sought?
3.6. Is there a legal requirement for employers to have a written policy in place governing CCTV surveillance?
3.7. Are there any exemptions?
3.8. What are the retention requirements applicable to data collected through CCTV surveillance?

4. Email

4.1. What are the rules regarding monitoring of employees' emails?
4.2. For which purposes may an employer carry out this type of monitoring?
4.3. Is prior notification/approval with the data protection authority required?
4.4. Is notification/approval/consultation with works' council required?
4.5. Is consent required from employees? If so, how should consent be sought?
4.6. Is there a legal requirement for employers to have a written policy in place governing email monitoring?
4.7. Are there any exemptions to the legal requirements which govern this type of monitoring?
4.8. What are the retention requirements applicable to data collected through email monitoring?

5. Biometrics

5.1. What are the rules regarding biometric monitoring?
5.2. For which purposes may an employer carry out this type of monitoring?
5.3. Is prior notification/approval with the data protection authority required?
5.4. Is notification/approval/consultation with works' council required?
5.5. Is consent required from employees? If so, how should consent be sought?
5.6. Is there a legal requirement for employers to have a written policy in place governing biometric monitoring?
5.7. Are there any exemptions to the legal requirements which govern this type of monitoring?
5.8. What are the retention requirements applicable to data collected for biometric monitoring?

6. Device Monitoring

6.1. What are the rules regarding company-owned device monitoring?
6.2. For which purposes may an employer carry out this type of monitoring?
6.3. Is prior notification/approval with the data protection authority required?
6.4. Is notification/approval/consultation with works' council required?
6.5. Is consent required from employees? If so, how should consent be sought?
6.6. Is there a legal requirement for employers to have a written policy in place governing company-owned device monitoring?
6.7. Are there any exemptions to the legal requirements which govern this type of monitoring?
6.8. What are the retention requirements applicable to data collected from the company-owned devices?

7. Covert Surveillance

8. Employees' Access Rights

9. Penalties

September 2024

1. Governing Texts

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About the authors

Ammar Oozeer

BLC Roberts and Associates

Ammar Oozeer is a Barrister at BLC Robert & Associates. A former senior member of the Attorney-General's Office of Mauritius, he has solid experience in data protection law, technology law, telecommunications law and legislative drafting. Ammar is also a member of the Commonwealth Association of Legislative Counsel. He has acted as a legal consultant to the Government of Mauritius and made proposals for the review of the existing Data Protection Act 2017 ('the DPA'). In the past, Ammar Oozeer has acted for the Data Protection Office. He regularly advises domestic and international companies on the implications of the Act on their activities.

[email protected]

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Mauritius - Employee Monitoring

Table of Contents

September 2024

1. Governing Texts

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Mauritius - Employee Monitoring

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September 2024

1. Governing Texts

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