SA Employees Face Legal Risks for Using ChatGPT and Other AI Tools at Work
- South African lawyers issued a serious warning to employees using AI tools like ChatGPT, Gemini, and Claude in the workplace
- Legal firm Bowmans flagged that using AI in recruitment and HR decisions could put companies in breach of POPIA
- Employees who upload personal data to public AI tools could expose their employers to significant legal liability
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South African employees who use AI tools like ChatGPT, Claude, Grok, and Google Gemini at work are being warned by legal experts about the serious legal risks involved. Prominent law firm Bowmans has raised the alarm about how these tools interact with existing legislation, particularly the Protection of Personal Information Act (POPIA) and the Employment Equity Act.
Because South Africa has no dedicated AI legislation, the use of AI in the workplace falls under laws already in place. This creates a legal grey area that many employers and employees may not even be aware of.
AI in recruitment could breach POPIA
One of the biggest concerns is the use of AI in hiring and performance management. When companies rely on AI tools to screen CVs, conduct chatbot interviews, or monitor employee performance, they risk falling foul of Section 71 of POPIA. The Act prohibits decisions that substantially affect a person based solely on automated data processing.
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Bowmans explained that when an AI system generates a performance rating, flags someone for promotion or dismissal, or recommends rejecting a job applicant, the affected person must be given a chance to challenge that outcome. They are also entitled to understand how the AI reached its conclusion, and to engage with a human decision-maker. Recruiting or selecting employees in South Africa using AI alone is technically in breach of the law.
Personal data and chatbots
Another risk Bowmans highlighted involves employees uploading personal information into publicly accessible AI platforms during their daily work. If a staff member feeds a colleague's, client's, or third-party's data into a tool like ChatGPT or Gemini, the employer is held responsible, since the company controls the purpose and means of data processing.
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To reduce exposure, Bowmans recommends that businesses introduce clear AI usage policies, set firm limits on what data may be shared with AI systems, and run training programmes to ensure staff understand their obligations under POPIA.
View the Instagram post here.
South Africans weigh in
Not everyone online was concerned. Commenters on @mybroadband's Instagram page had plenty to say:
@kaygee_gp said:
"No one can stop AI!! I mean no one 🤣🤣🤣"
@owimaru_1 wrote:
"Everybody can get information, learn, and become whatever they source from AI for free. They are hating"
@tsheporatshidi shared:
"It can even write a better affidavit than lawyers who think AI should be off-limits and learn to use it wisely"
@mphoentle.legal noted:
"Posted about this months ago!!"
@deonventer offered a more measured take:
"Address is a POPIA data point, yet I find it with Google Maps. What people should watch out for is sharing company info with the chatbots"
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