CURRENT POSITION
In terms of our law the right to privacy is protected in terms of both the South African common law and in section 14 of the Constitution of South Africa 1996. In both instances the right is limited and to prove an infringement will most probably be fairly difficult. There is established case law on bodily privacy, the privacy of communications and territorial privacy. There is, however, neither any case law on data protection, nor any legislation dealing specifically with data privacy. This is one of the reasons why data privacy has received the specific attention of the South African Law Commission. The Protection of Personal Information Bill (PPI Bill) will bring an end to the current uncertainty regarding the law on the use and processing of your personal information. You can get a copy of the discussion paper and the draft bill by
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Tags: data protection, POPI, Privacy and POPI
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