Legal and ethical implications of electronic monitoring in the supervision of low-risk probationers : insights from South African legal practitioners

Abstract

The study explored the perceptions of South African legal practitioners (i.e., magistrates and attorneys) on the legal and ethical implications regarding the use of electronic monitoring in the supervision of low-risk probationers. Drawing from telephonic interviews with the participants (n = 18), it was determined that they consider a sentence of probation with electronic monitoring as a less intrusive alternative to incarceration. Privacy and data protection were seen as less severe than the limitations imposed by imprisonment. Moreover, electronic monitoring was considered broadly consistent with Section 36 of the South African Constitution. However, the participants raised the potential stigmatising nature of electronic monitoring and the expansion of penal surveillance on those who would have otherwise completed their sentence and involvement in the criminal justice system without electronic monitoring. The implications of the study highlight the need for legislative reforms, including alignment with the Protection of Personal Information (POPI) Act 4 of 2013, to uphold the constitutional rights of offenders.