BIG BROTHER IS WATCHING YOU

This particular Friday started like any other working day for Nicky Wollenschlaeger, Jacqueline Bamford and Elizabeth Oosthuizen. They reported for work as usual at the Sandton offices of their employer, a global concern. 'I was standing outside smoking a cigarette after lunch when my boss said the managing director wanted to see me immediately,' says Jacqueline, a marketing assistant who's worked for the company for over four years.

'I sensed something was wrong but he refused to say anything. All he said was, "Keep your mouth shut, don't argue and whatever you do, keep calm." '

Jacqueline's meeting with the MD was short and to the point. 'He told me they'd intercepted copies of pornographic e-mails I'd sent and that I was suspended with immediate effect,' she says. 'I was escorted back to my desk, told to pack my personal belongings and marched off the property.'

The experience of key accounts assistant Nicky Wollenschlaeger was similar. 'We had absolutely no warning,' she says, 'it was like a bolt from the blue.' Both women admit they sent private e-mails but vehemently deny any were pornographic. 'Some were a bit naughty,' says Nicky, 'I sent Jackie a picture of a bouquet of penises on Spring Day.'

Elizabeth, a deeply religious person, says she only ever sent Bible verses and inspirational messages, but her fate was the same. Shortly after, the three women, and two others, appeared before a company disciplinary committee, were found guilty and summarily fired. They've instituted legal action against their former employer, claiming unfair dismissal.

Their case is not unique. More and more, corporate South Africa routinely bugs employees' telephone conversations and monitors their e-mails. But getting companies to admit to the practice is an exercise in frustration. Almost every major company approached for comment refused to say anything or simply ignored the questions sent to them. 'I referred the matter to our human resources director,' says the media liaison officer for a large insurance company, 'But he feels the company will not benefit in any way if we answer your questions.' Spokesmen for government departments and parastatals promised to pass the enquiry on to the relevant people, then ducked and dived and refused to take telephone calls.

But the simple fact is, if you work for a large company you're almost certainly being watched by your bosses. 'Though few will admit it, I'd guess around 40 percent of large corporations spy on their staff at some time or other,' said Kyle Condon, managing director of D & K Management Consultants, one of the largest private investigation agencies in the country. His Gauteng-based business is a major player in the field of sophisticated electronic surveillance.

'Global companies do so as a matter of course, whether they suspect employees are up to anything or not.'

According to a 1999 American Management Association survey, 23 percent of businesses and professional service providers in the United States admitted to actively monitoring the computer and data communications of their staff. These included global giants such as Pilsbury, Intel, the US Postal Service and K Mart. They also spy on their staff in South Africa.

'In our industry, where we're in a business of trust, dealing with sensitive information and client's money, everything's watched to ensure confidentiality,' says Grace Belger, SA vice-president of marketing and communications at Merrill Lynch, one of the world's largest investment houses. 'All e-mails are monitored, as are the telephones on the trading floor. We're naturally very concerned about confidential information being passed on. Everyone knows and has a copy of the company's rules and policies. All employees are made aware of the surveillance measures and the penalties they could face for breaking the rules.'

Corporate bugging was highlighted last year when Dr Louis Luyt, then chairman of the Golden Lions Rugby Trust, admitted in the Supreme Court he'd bugged the telephones of some senior officials within the Rugby Union. He justified his actions by claiming the officials were involved in a plot against him and the trust. Luyt said he believed what he'd done was lawful. The judge didn't make a ruling on the bugging.

But just how easy is it to be spied on?
'For a professional snoop it's astoundingly simple,' says Kyle Condon. 'Some of the equipment we use is so sophisticated you could be standing right next to the agent and not have the vaguest idea your every move was being recorded on video. 'The truth is, there's very little we can't find out. We can monitor your phone calls at work or at home, get copies of your bank statements and credit card purchases, know what you're saying inside your house or car and generally delve into every and any aspect of your life. A lot of information is obtained by simply going through people's trash and there's little anyone can do about it ? sifting through garbage isn't a crime!'

D & K Management Consultants, Condon's company which he started with his father, Declan, in 1993, specialises in counter-intelligence, but is often asked to draw up personal and company profiles. 'A corporation may be looking to buy out another business and want to ensure the information it was given is completely accurate. It obviously doesn't want to discover a lot of deliberately hidden flaws after it's make a large financial investment,' he says.

'I naturally can't give the details of how we do it, but we have a specialised IT department that can insert a programme into a company's computer system ? sort of like a virus ? to route copies of all e-mails either to us or to our client's computer.'

In camera
There's a big demand for Condon's services. 'I would estimate 75 percent of our business comes from companies which want to spy on their staff,' he says. 'Installing covert cameras is big business.'

Some of the cameras Condon and his ilk use are fantastically sophisticated pieces of equipment. Top-of-the-range models are the size of a pea with a lens barely larger than a pinhead, yet they can record clear images and sounds at distances up to 40 metres. They can be hidden in cellphones, sunglasses, alarm sensors, or even baseball caps and neckties.

Companies pay abour R6 500 to install such a device, plus a monthly rental of R2 000 a camera. Want to tap your partner's telephone? Expect to shell out R3 100 to fit the bug and a cheque for another R950 every two weeks for the monitoring. When Sid Sidersky, owner of a Germiston building supplies company, suspected his secretary of nine years was stealing money, he set up a camera in a burglar alarm motion detector. Within a day he'd captured images of her picking the lock of the cash-box with a screwdriver and a piece of wire and then pocketing a wad of notes. 'The next day I told her I had a movie I wanted her to watch. I sat her down in front of the television set in my office and played the tape, which she watched in stunned silence. When it was finished I gave her two options ? sign a confession and leave or face criminal charges. She chose to leave.'

Sidersky solved that particular problem, but admits there were adverse effects on the morale of the rest of his staff. 'It's terrible,' he says, 'everyone thinks they're being watched.'

Turned tables
But it's not only bosses spying on their staff. 'In the past we were quite often hired to infiltrate and monitor trade unions,' says Condon. 'However, recently we've been employed by unions to draw up reports on company management. They use the information to strengthen their negotiating position. In one case, where the company said it couldn't afford to give its workers new overalls and gloves, the union produced surveillance material showing the directors playing golf at the Wild Coast, their wives having their nails done and their kids being dropped off at one of Johannesburg's most expensive schools. After that the union got what it wanted.'

Just how legal is it to play Big Brother on your staff?
There are many loopholes in South African law, which makes it extremely difficult to bring the snoops to book. 'In the first place, it's very hard to prove your phone was bugged,' says Condon, 'and even harder still to find the person who installed the device. Also, it isn't illegal to photograph someone or to follow him around to see who he's meeting or where he's spending his money.'

'The legal position hasn't been completely clarified,' adds Johannesburg attorney Ian McLaren, managing partner of McLaren & Associates, one of South Africa's top labour-law experts. 'The Constitution guarantees an individual the right to privacy and any information illegally gathered against him must specifically be excluded as evidence. But that only applies in criminal matters. In civil claims it's not so clear-cut. There've been a number of cases where the court (or the Council for Conciliation and Mediation) has ruled on the relevance of the evidence rather than on the manner in which it was procured. What has to be remembered is, employees may make use of company equipment ? computers, telephones and so on ? to further the aims of their employer.

'There is, therefore, an argument that companies are entitled to monitor the use of their own equipment. However, there are other considerations. If staff members are not warned or informed about company policies and rules, and are then sanctioned, that could be viewed as an unfair labour practice.'

Internationally, snooping laws tend to be business-friendly. In October last year, British legislators passed a law giving bosses wide monitoring powers, but the law is being vigorously opposed by the Trade Union Congress, which claims the new legislation ignores any right to privacy.

In the US an exception to the Electronic Communications Privacy Act, which prevents the monitoring of private electronic communications, is the so-called 'business extension'. This allows employers to limit the use of their property to authorised purposes only. This may include the right to surveillance to ensure enforcement and compliance. American companies have been able to skirt the law by justifying surveillance as a means of preventing sexual or racial harassment or obscene behaviour in the workplace. They also claim snooping protects employees from each other.

But cynics believe the main objective for companies is to prevent trade secrets ending up in the hands of competitors and to protect themselves against potential claims for harassment and online defamation.

Chevron, one of the world's largest oil companies, recently paid out $2,2 million to settle a sexual harassment claim after a male employee posted '25 Reasons why beer is better than women' on the company's electronic bulletin board. A female employee took exception.

The bottom line
The message to South Africa's employees is clear. Big Brother is watching you. Security experts estimate local companies spend about R25 million a year snooping on their staff.

'Be very careful what you say on the telephone, send via e-mail or copy on the company photocopier ? a favourite place at which to install a covert camera,' says Condon. 'There's very little that can be kept secret any more.' And adds a spokesperson for one of the country's largest banking groups, 'The simple fact is we're in business to make money and profits. We have investments and financial interests to protect and anyone who thinks we won't do so vigorously is just plain naive.'

Parents play 'I Spy'
Nosy parents can rig their homes with inexpensive child-surveillance systems, they can make their kids carry computer chips that pinpoint their location to within metres and even put devices in swimming pools to stop the neighbour's kids from sneaky pool-hopping. Other gizmos can tell parents if their kids are taking drugs, alert them when they're spending on their credit cards and check out what websites kids are logging on to.

A vision of the near future is being demonstrated in a Manhattan apartment ? where an Internet technology company is showcasing an Internet video system that'll allow parents to spy on their kids at home. 'A parent could see what's going on from anywhere in the world,' says Bill Diamond, co-president of the Silicon Valley tech-company Xanboo.

'I could be in China and, if I can get to a browser, I can see inside my house on a website.' The $250 system comes with motion detectors, devices that can work garage doors and a float for the swimming pool that can tell if something falls in. The cameras can record automatically and save images for later review.