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The law of data (privacy) protection: a comparative and theoretical study

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dc.contributor.advisor Neethling, J. en Roos, Anneliese en 2009-08-25T10:53:19Z 2009-08-25T10:53:19Z 2009-08 2003-10-31 en
dc.identifier.citation Roos, Anneliese (2009) The law of data (privacy) protection: a comparative and theoretical study, University of South Africa, Pretoria, <> en
dc.description.abstract In present-day society more and more personal information is being collected. The nature of the collection has also changed: more sensitive and potentially prejudicial information is collected. The advent of computers and the development of new telecommunications technology, linking computers in networks (principally the Internet) and enabling the transfer of information between computer systems, have made information increasingly important, and boosted the collection and use of personal information. The risks inherent in the processing of personal information are that the data may be inaccurate, incomplete or irrelevant, accessed or disclosed without authorisation, used for a purpose other than that for which they were collected, or destroyed. The processing of personal information poses a threat to a person's right to privacy. The right to identity is also infringed when incorrect or misleading information relating to a person is processed. In response to the problem of the invasion of the right to privacy by the processing of personal information, many countries have adopted "data protection" laws. Since the common law in South Africa does not provide adequate protection for personal data, data protection legislation is also required. This study is undertaken from a private law perspective. However, since privacy is also protected as a fundamental right, the influence of constitutional law on data protection is also considered. After analysing different foreign data protection laws and legal instruments, a set of core data protection principles is identified. In addition, certain general legal principles that should form the basis of any statutory data protection legislation in South Africa are proposed. Following an analysis of the theoretical basis for data protection in South African private law, the current position as regards data protection in South-Africa is analysed and measured against the principles identified. The conclusion arrived at is that the current South African acts can all be considered to be steps in the right direction, but not complete solutions. Further legislation incorporating internationally accepted data protection principles is therefore necessary. The elements that should be incorporated in a data protection regime are discussed. en
dc.format.extent 1 online resource (xiv, 814 p)
dc.language.iso en en
dc.subject South African private law en
dc.subject European Council Convention on data protection en
dc.subject OECD Guidelines on data protection en
dc.subject European Union Directive on data protection en
dc.subject Right to identity en
dc.subject Computers and privacy en
dc.subject Right to privacy en
dc.subject Data protection en
dc.subject Protection of privacy in personal information en
dc.subject Processing of personal information or data en
dc.subject.ddc 342.858068
dc.subject.lcsh Data protection -- Law and legislation -- South Africa
dc.subject.lcsh Privacy, Right of -- South Africa
dc.subject.lcsh Internet -- Security measures
dc.subject.lcsh Computer security -- Law and legislation -- South Africa
dc.title The law of data (privacy) protection: a comparative and theoretical study en
dc.type Thesis en
dc.description.department Jurisprudence en LL. D. (Jurisprudence) en

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