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The South African Law Commission is at present conducting an investigation entitled " Privacy and Data Protection" (Project 124). The investigation was included in the programme of the Commission at the request of the Minister for Justice and Constitutional Development.

The Minister has appointed a Project Committee for this investigation to assist the Commission in its task. The Chairperson of the Committee is Mr Justice Craig Howie. Prof Johann Neethling has been appointed as project leader and the other members are Prof Iain Currie, Ms Caroline da Silva, Ms Christiane Duval, Prof Brenda Grant, Ms Adri Grobler, Mr Mark Heyink, Ms Saras Jagwanth and Ms Allison Tilley. The Committee had its first meeting on 22 July 2002.

Data protection is an aspect of safeguarding a person's right to privacy, which is enshrined in the constitutional Bill of Rights. The essence of data protection is to give a person (a degree of) control over his or her personal information. However, the law should also consider such competing interests as administering national social programmes, maintaining law and order, and protecting the rights, freedoms and interests of others, including the commercial interests of industry sectors such as banking, insurance, direct marketing, health care, pharmaceuticals and travel services. The task of balancing these opposing interests is a delicate one.

The idea to develop privacy legislation for South Africa is in line with international trends. The United Kingdom (Data Protection Act 1998); Canada (Privacy Act 1983 and Personal Information Protection and Electronic Documents Act, 2000), Australia (Privacy Act, 1988 and The Privacy Amendment (Private Sector) Act 2000), New Zealand ( Privacy Act 1993) and most European countries have already enacted privacy legislation.

It should be noted that the promulgation of data protection legislation in South Africa will necessarily result in amendments to other South African legislation, most notable the Promotion of Access to Information Act 2 of 2000 and the Electronic Communications and Transactions Act, 2002. Both these Acts contain interim provisions regarding data protection in South Africa.

The Commission will therefore be investigating all aspects regarding the protection of the right to privacy of a person with specific reference to the processing of his or her personal information by the State or other persons. Processing of information generally refers to the collecting, storing, using and communicating of information. Should it be deemed necessary, recommendations will be made regarding legislative or other steps that need to be taken in this regard.

The issues raised need to be debated thoroughly. As a first step in its consultation process the Commission intends to publish an issue paper for information and comment. The problems that have given rise to the investigation will be explained and possible options for solving these problems will be pointed out. The issue paper will later be followed up by a discussion paper and a report. The Law Commission will also be organising regional workshops at which members of the Project Committee will be present to explain and discuss proposed solutions and to note comments.

The manner in which the investigation will further progress will primarily depend on the response received from interested parties. Parties who would like to become involved in the investigation, be included in the Commission's mailing list or attend the forthcoming workshops are invited to submit their particulars to the Law Commission.

Correspondence should be addressed to:
The Secretary
South African Law Commission
Private Bag X668
PRETORIA
0001

Tel: (012) 322 6440
Fax: (012) 320 0936
E-mail: alouw@salawcom.org.za

The South African Law Commission was established by the South African Law Commission Act 19 of 1973. It is an advisory body whose aim is the renewal and improvement of the law of South Africa on a continuous basis.

Contact for enquiries in respect of media statement: A M Louw (012) 322-6440

Issued by the Secretary: SA Law Commission, Pretoria, 14 August 2002