Towards a Public Law Perspective on the Constitutional Law of Privacy in South Africa in the Age of Digitalization
Bibliographic Data
| ID | 16767685 |
|---|---|
| Authors | Firoz Cachalia (0000-0001-7212-4406, University of the Witwatersrand), Jonathan Klaaren (0000-0002-8732-3771, University of the Witwatersrand, corresponding author) |
| Year | 2024 |
| Volume | 68 |
| Issue | 1 |
| Pages | 89-107 |
| Publication date | 2024-02-01 |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Journal of African Law (JOURNAL) |
| Journal identifiers | ISSN: 0221-8553 • E-ISSN: 1464-3731 |
| Publisher | Cambridge University Press (PUBLISHER • US) |
| DOI | 10.1017/s0021855323000268 |
| OpenAlex | W4388421175 |
| Language | EN |
| Citations received | 1 |
| References cited | 14 |
Rapid and radical digitalization and the “fourth industrial revolution” are generally associated with progress, but also pose significant risks to privacy rights and democracy. This article proposes a public law reading of the South African Constitution to respond to the dangers posed by disruptive technological change, in light of the constitution's rights-orientated and rule-of-law-centred approach to interpreting the right to privacy. It examines the legal resources available in the South African legal system and, specifically, its constitution. The article emphasizes the way South African privacy jurisprudence infuses the right to privacy with the value of dignity, and how this allows an interpretation that sees privacy as a public, as well as private, right. The article concludes that this rights jurisprudence, alongside the constitutional principles of proportionality, subsidiarity and supremacy, has established a working foundation to articulate the right to privacy in a way that is suitable in the digital age
Business · Constitution · Constitutional law · Dignity · Human rights · Information privacy · Jurisprudence · Political science · Privacy law · Privacy policy · Proportionality (law) · Right to privacy · Sociology · Subsidiarity · The Right to Privacy · Freedom of Expression and Defamation · Law · Law in Society and Culture · Legal Issues in South Africa
Too Smart
A Taxonomy of Privacy
New Dark Age
A Right to Reasonable Inferences
The Quest for Information Privacy in Africa
Legal Culture and Transformative Constitutionalism
Constitutional Authority to Enforce the Rights of Administrative Justice and Access to Information
The Right to Privacy
The Biometric State
Capitalism without Surveillance
| Citations per year | 1 |
|---|---|
| Citation span | 2026 - 2026 (1) |
| Highly cited | No |