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Privacy and data protection in elderly healthcare : threats and legal warranties

Costa, Ângelo; Andrade, Francisco Carneiro Pacheco; Novais, Paulo; Simões, Ricardo
Fonte: Universidade do Minho Publicador: Universidade do Minho
Tipo: Conferência ou Objeto de Conferência
Publicado em //2012 Português
Relevância na Pesquisa
56.537256%
The progressive aging of the population requires new kinds of social and medical intervention and the availability of different services provided to the elder population. New applications have been developed and some services are now provided at home, allowing the older people to stay home instead of having to stay in hospitals. But an adequate response to the needs of the users will imply a high percentage of use of personal data and information, including the building up and maintenance of user profiles, feeding the systems with the data and information needed for a proactive intervention in scheduling of events in which the user may be involved. Fundamental Rights may be at stake, so a legal analysis must also be considered.

Privacy and data protection towards elderly healthcare

Costa, Ângelo; Andrade, Francisco Carneiro Pacheco; Novais, Paulo
Fonte: IGI Global Publicador: IGI Global
Tipo: Parte de Livro
Publicado em //2013 Português
Relevância na Pesquisa
66.806323%
Developed societies are registering a dramatic change in terms of population evolution, being the most important fact the high tendency in the ageing of the whole population. An alarming fact is that the birth-rate is dropping very fast, inverting the ageing pyramid that used to have a higher incidence on the young population, now having a higher incidence in the older population. In the quest to provide answers to some problems the elderly population has, applications and projects arise from the Ambient Assisted Living area, providing services that help the user in his daily life, providing the needed help and trying to be the less invasive as possible. The fact is that these systems operate optimally by using information about the user, assisting him accordingly to his preferences. The data gathered for such events is highly personal and sensitive. Being this data escalating several stages until it finally is ready to be inserted in the system. This can cause a loss of privacy and data protection. In this document we present an Ambient Assisted Living project towards assistance to an elderly population and the problems and possible solutions in the legal area towards loss of privacy, data protection and personal information.

Schutz personenbezogener Daten im Internet - Eine verfassungsrechtliche Untersuchung; Protection of personal data in internet - a research in constitutional law

Eun, John Joon Yong
Fonte: Universidade de Tubinga Publicador: Universidade de Tubinga
Tipo: Dissertação
Português
Relevância na Pesquisa
56.959814%
Mit der vorliegenden Untersuchung sollte der Versuch unternommen werden, Probleme zum Schutz personenbezogener Daten im Internet, die mit der Entwicklung der Technologie - insbesondere die Fortschritte im Internet - aufgetreten ist, mit dem Grundrecht zu verknüpfen, um den personenbezogener Daten ausführlichere und um einen Dimension höhere Schutz zu gewähren. Die bereits bestehende Gesetze über den Datenschutz ist es möglich, den Schutz auf der Länder-, Bundes- und EU-Ebene zu gewähren, diese allerdings für die multinationale Gesellschaften - mit der Entwicklung der Technologie im Internet - nur leicht überwindbare Schranken sind. Daher wurde es erforderlich eine theoretische Untersuchung zu unternehmen, mit der bereits existierenden Schutz im privatrechtlichen Bereich, Schutz personenbezogener Daten im Internet mit dem Grundrecht der informationellen Selbstbestimmung zu verknüpfen, um den Schutz personenbezogener Daten im Internet in die öffentlich-rechtliche Ebene zu übernehmen.; With this research should be attempted, problems to the personal data protection in internet, a problem which are appeared with the progress of the technology - particularly with the advance of the IT-technology -, to connect with the constitutional law to guarantee more detailed and a one dimension higher protection of personal data in internet. The protection of personal datas can be given in state...

Peer-to-Peer Privacy Violations and ISP Liability: Data protection in the user-generated web

VIOLA DE AZEVEDO CUNHA, Mario; MARIN, Luisa; SARTOR, Giovanni
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Trabalho em Andamento Formato: application/pdf; digital
Português
Relevância na Pesquisa
66.842954%
Since the adoption of the e-Commerce Directive, web hosting has dramatically changed. Usergenerated content is usually uploaded into platforms that facilitate and support users in preparing content and making it available. Such platforms are run in most cases by commercial companies who make profit by associating advertisements with user-generated materials. This paper will address the issue of the legal framework applicable to the ISPs managing platforms for user-generated contents. Can they be considered as mere host providers, even though their activities include not only distributing user-generated content, but also indexing it and linking it to advertising? As user-generated-contents often concern third parties, the paper tackles the question whether liability exemptions are applicable also to data protection violations regarding third parties’ information uploaded by users. This issue is addressed through a comparative analysis of cases on liability of providers of usergenerated content, in particular with regard to data protection violations. We will take into account ECJ’s decisions, EU and non-EU states’ case law, as well as opinions of the national data protection authorities.

Market Integration through Data Protection: A EU-Mercosur analysis

VIOLA DE AZEVEDO CUNHA, Mario
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Tese de Doutorado
Português
Relevância na Pesquisa
67.14694%
In the context of the continuous advance of information technologies and biomedicine, and of the creation of economic blocs, this thesis is devoted to the analysis of the role data protection plays in the integration of markets, with a special emphasis on financial and insurance services. Moreover, it is also concerned with the identification of differences in the data protection systems of EU member states and with the development of common standards and principles of data protection that could help to build a data protection model for Mercosur, keeping in mind the need to establish a high level of data protection without creating unnecessary constraints for the flow of information. The thesis is divided into four parts. The first one deals with the evolution of the right to privacy, focusing on the last few decades, taking into account the development of new technologies. In this part an analysis of the European framework of data protection and of its standards developed is carried out. Then, in the second part, the interaction between data protection and the industries selected as case studies, namely insurance, bank and credit reporting, is discussed. This discussion concentrates on specific issues, such as generalisation and discrimination...

The Added Value of Data Protection as a Fundamental Right in the EU Legal Order in the Context of Law Enforcement

TZANOU, Maria
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Tese de Doutorado
Português
Relevância na Pesquisa
47.03661%
This thesis examines the added value of the fundamental right to data protection within the EU legal order when law enforcement measures are at stake. It provides a comprehensive analysis of the concept of data protection, its underlying values and aims, and the approaches to this right. It discusses the current theories and the existing case-law on data protection by identifying their shortcomings. It introduces a new theory on data protection that reconstructs the right and reshapes in a clear and comprehensive manner its understanding. The thesis tests the added value of the ‘reconstructed’ right to data protection in the most difficult context: law enforcement and counter-terrorism. Three specific case-studies of data processing in the field of law enforcement are used: 1) the information collection 2) the information storage and, 3) the information transfer case. The information collection case discusses the EU Data Retention Directive and addresses the conceptual confusions between the rights to privacy and data protection that surround it, before turning to a substantive fundamental rights assessment of the Directive. The information storage case examines the added value of the fundamental right to data protection in the context of the access of law enforcement authorities to information stored on EU-scale databases such as the second generation Schengen Information System (SIS II)...

Providers’ Liabilities in the New EU Data Protection Regulation: A threat to internet freedoms?

SARTOR, Giovanni
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Trabalho em Andamento Formato: application/pdf; digital
Português
Relevância na Pesquisa
66.786016%
In this paper I shall consider certain aspects of the Proposal for a Data Protection Regulation recently advanced by the EU Commission, which is meant to substitute the existing Data Protection Directive as well as the national laws implementing it. In particular I shall examine how the Regulation addresses host providers’ liabilities and duties with regard to user-generated content. For this purpose, I shall first highlight some developments in web and cloud services, then I shall consider how web hosting is currently regulated, and finally I shall critically assess the novelties brought about by the Regulation.

Market integration through data protection : An analysis of the insurance and financial industries in the EU

VIOLA DE AZEVEDO CUNHA, Mario
Fonte: Springer Publicador: Springer
Tipo: Livro
Português
Relevância na Pesquisa
47.1377%
In the context of the continuous advance of information technologies and biomedicine, and of the creation of economic blocs, this book is devoted to the analysis of the role data protection plays in the integration of markets, with a special emphasis on financial and insurance services.Moreover, it is also concerned with the identification of differences in the data protection systems of EU member states and with the development of common standards and principles of data protection, keeping in mind the need to establish a high level of data protection without unnecessarily constraining the flow of information. The book is divided into four parts. The first one deals with the evolution of the right to privacy, focusing on the last few decades, taking into account the development of new technologies. In this part, an analysis of the European framework of data protection and of its developed standards is carried out. Then, in the second part, the interaction between data protection and the industries selected as case studies, namely insurance, banking and credit reporting, is discussed. This discussion concentrates on specific issues, such as generalisation and discrimination, adverse selection and the processing of sensitive and genetic data...

Data Protection and the Prevention of Cybercrime: A dual role for security policy in the EU?

PORCEDDA, Maria Grazia
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Tese de Doutorado
Português
Relevância na Pesquisa
66.96285%
Cybercrime and cyber-security are attracting increasing attention, both for the relevance of Critical Information Infrastructure to the national economy, and the interplay of the policies tackling them with ‘ICT sensitive’ liberties, such as privacy and data protection. As such, the subject falls in the ‘security vs. privacy’ debate. The objective of this study is twofold. On the one hand, it is descriptive: it aims to cast light on the (legal substantive) nature of, and relationship between, cybercrime and cyber security, which are currently ‘terms of hype’. On the other, it explores the possibility of reconciling data protection and privacy with the prevention of cybercrime and the pursuit of a cyber-security policy, and therefore wishes to explore causation. The latter is a subset of the wider question of whether it is possible to build ‘human rights by design’, i.e. a security policy that reconciles both security and human rights. I argue that narrow or online crimes and broad or off-line crimes are profoundly different in terms of underlying logics while facing the same procedural challenges, and that only narrow cybercrime pertains to cyber-security, understood as a policy. Yet, the current policy debate is focussing too much on broad cybercrimes...

Data protection and European private international law

BRKAN, Maja
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Trabalho em Andamento Formato: application/pdf; digital
Português
Relevância na Pesquisa
67.024346%
The objective of this working paper is to point out actual and potential obstacles to effective protection of the fundamental right to data protection, created by rules on jurisdiction and applicable law, and to put forward solutions for removing those obstacles with regard to data protection. More precisely, the working paper first elaborates on categories of litigation in the field of data protection in order to identify potential claimants, defendants and competent administrative and judicial authorities that may decide on those remedies. Furthermore, building upon these categories of litigation, the working paper seeks to determine jurisdictional issues regarding data protection litigation within the EU, elaborating concretely on potential competent courts in case a data subject wants to file a private enforcement claim against a controller processing his personal data. Finally, the working paper addresses issues of applicable law in data protection litigation, dealing with questions such as the possibility of agreements on applicable law, the questions of applicable law if the controller is situated within the EU and the questions of extraterritorial application of EU data protection law if the controller is established outside of the EU. The working paper concludes with final remarks on the above issues.

Towards a global data protection framework in the field of law enforcement : an EU perspective

BLASI CASAGRAN, Cristina
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Tese de Doutorado Formato: application/pdf; digital
Português
Relevância na Pesquisa
67.145205%
This thesis seeks to examine the existing EU frameworks for data-sharing for law enforcement purposes, both within the EU and between the EU and third countries, the data protection challenges to which these give rise, and the possible responses to those challenges at both EU and global levels. The analysis follows a bottom-up approach, starting with an examination of the EU internal data-sharing instruments. After that, it studies the data transfers conducted under the scope of an international agreement; and finally, it concludes by discussing the current international initiatives for creating universal data protection standards. As for the EU data-sharing instruments, this thesis demonstrates that these systems present shortcomings with regard to their implementation and usage. Moreover, each instrument has its own provisions on data protection and, despite the adoption of a Framework Decision in 2008, this has not brought about a convergence of data protection rules in the JHA field. A similar multiplicity of instruments is also found when the EU transfers data to third countries for the purpose of preventing and combating crimes. This is evident from examining the existing data-sharing agreements between the EU and the US. Each agreement has a section on data protection and data security rules...

Data Protection in Biobanks ¿ A European challenge for the long-term sustainability of Biobanking

SCHULTE IN DEN BAUMEN Tobias; PACI Daniele; IBARRETA RUIZ Dolores
Fonte: Universidad de Deusto (Spain) Publicador: Universidad de Deusto (Spain)
Tipo: Articles in Journals Formato: Printed
Português
Relevância na Pesquisa
47.066113%
The paper focuses on several interdependent key issues which encompass the core legal and socio-legal aspects of data protection and biobanking. We also try to highlight a need for the analysis of the impact of the EC Data Protection Directive on biobanks in Europe. An inconsistent application of the Directive is expected to severely affect cross-border research and multi-centre studies and, indirectly, the achievement of public health goals and innovation. Both the European Commission (EC) and the Member States try to facilitate this new research direction of biobanks. In most European countries biobanks are set up to improve the capacities for research. These new research infrastructures require a specific governance framework to ensure public trust and accountability. On a European level, the EC Data Protection Directive is the most prominent regulation which touches the core of the biobanking activities, and administrates the linking and sharing of sample and secondary data. On a national level several Member States have already finalised specific laws on biomedical research or biobanks. The Joint Research Centre ¿ Institute for Prospective Technological Studies (JRC- IPTS) and a recent study on data protection by the Network of Competent Authorities of the Health Information Strand of the Health Directorate of the EC suggested that biobanks suffer from a substantial lack of harmonisation...

Data Protection and the Prevention of Cybercrime: The EU as an area of security?

PORCEDDA, Maria Grazia
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Trabalho em Andamento Formato: application/pdf
Português
Relevância na Pesquisa
66.96285%
(This working paper is a revised version of Ms. Porcedda's EUI LL.M. thesis, 2012.); Cybercrime and cyber-security are attracting increasing attention, both for the relevance of Critical Information Infrastructure to the national economy and security, and the interplay of the policies tackling them with ‘ICT sensitive’ liberties, such as privacy and data protection. This study addresses the subject in two ways. On the one hand, it aims to cast light on the (legal substantive) nature of, and relationship between, cybercrime and cyber security, which are currently ‘terms of hype’ (and therefore it is descriptive). On the other, it explores the possibility of reconciling data protection and privacy with the prevention of cybercrime and the pursuit of a cyber-security policy (and therefore it explores causation). As such, the subject falls in the ‘security vs. privacy’ debate, and wishes in particular to investigate whether it is possible to build ‘human rights by design’ security policies, i.e. a security policy that reconciles both security and human rights. My argument hinges on a clarification of the term ‘cybercrime’ (and cyber-security), both by building on the literature – which recognises the mix of traditional crimes committed by electronic means (broad cybercrime or off-line crimes)...

Protection of Patient's Privacy: The German Experience with Data Protection Laws

Beier, B.
Fonte: PubMed Publicador: PubMed
Tipo: Artigo de Revista Científica
Publicado em 04/11/1981 Português
Relevância na Pesquisa
47.03248%
Today “data protection” is discussed in the mass media and is occupying legislation. We must distinguish between “data protection”, the individual protection, and “data security”, “protection” of the data itself. In the Federal Republic of Germany there are several data protection laws. For hospitals and medicine generally, the problem is complicated because other laws like the “hospital laws” (“Krankenhausgesetze”) and the “social law” (“Sozialgesetzbuch”) also have regulations on data protection. Example BAIK: BAIK is a project for hospital software development including data protection in which the federal government and 10 states participate. In this project we have had to address the specific problems posed by the data protection laws.

La Agenda profesional del periodista ante la Ley Orgánica de Protección de Datos de Carácter Personal = The journalist’s professional notebook and the Organic Personal Data Protection Law

Rodríguez, Pepe,
Fonte: Universidade Autônoma de Barcelona Publicador: Universidade Autônoma de Barcelona
Tipo: Artigo de Revista Científica Formato: application/pdf
Publicado em //2009 Português
Relevância na Pesquisa
66.632334%
La Ley Orgánica de Protección de Datos de Carácter Personal, de1999, y el Reglamento que la desarrolla, de 2007, conforman un marco legislativo tan restrictivo y burocratizado que prohíbe y penaliza con fuertes multas muchas de las rutinas de trabajo habituales en la profesión periodística. Esta legislación, en la práctica, impide un ejercicio ágil, eficaz y normalizado del periodismo, llegando a proscribir especializaciones clásicas dentro de la profesión. En este artículo se analiza cómo afecta esta ley al instrumento fundamental de todo periodista: su agenda de contactos; y se concluye que las agendas profesionales de los periodistas incumplen las regulaciones fundamentales de este marco legislativo y, por ello, son acreedoras de múltiples sanciones. Será necesario y obligado debatir a fondo este estado de cosas; The Organic Personal Data Protection Law of 1999 and its unfolding regulations, constitute such a restrictive and bureaucratized legislative framework, that it forbids many of the routines practiced in the journalistic profession; and it penalizes those routines with heavy fines, to the effect that this legislation prevents an agile, effective and standard practice of journalism, even outlawing conventional specializations within the profession. The article examines how this Act affects the basic tool of every journalist’s notebook/database; and it concludes that notebooks of professional journalists violate the regulations of such legislative framework...

From the Scylla of Restriction to the Charybdis of License? Exploring the Scope of the ?Special Purposes? Freedom of Expression Shield in European Data Protection

Erdos, David
Fonte: Kluwer Law International Publicador: Kluwer Law International
Tipo: Article; accepted version
Português
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66.904385%
This is the author accepted manuscript. The final version is available from Kluwer via http://www.kluwerlawonline.com/document.php?id=COLA2015005; European data protection sits in a relationship of profound tension with public freedom of expression. Although, Directive 95/46 include a special purposes provision for processing ?carried out solely for journalistic purposes or the purposes of artistic or literary expression?, its limited scope fails to provide for a general reconciliation of values in this area. As vividly highlighted by the recent Google Spain decision, these problems were only partially resolved in the Satamedia judgment. Proposed amendments to require Member States to effect a reconciliation between data protection and freedom of expression itself run the theoretical risk of expanding the scope of this highly discretionary clause into one of universal application. However, as this would clearly conflict with the core harmonizing aim of reform, it would almost certainly be interpreted much more restrictively, thereby fuelling existing confusions. A two-pronged, layered approach may be preferable. Firstly, the special purposes provision would be expanded to clearly protect all activities orientated towards disclosing information...

Panorama jurídico brasileño sobre protección de datos de carácter personal: discusión y análisis comparado; Brazilian legal landscape on protection of personal data: discussion and comparative analysis; Panorama brasileiro sobre a proteção de dados pessoais: discussão e análise comparada

Lima, Caio Cesar Carvalho; Pontifícia Universidade Católica de São Paulo - PUC/SP; Monteiro, Renato Leite; Escola de Magistratura do Estado do Ceará - ESMEC, Escola Paulista de Direito (MBA) - EPD.
Fonte: Mestrado Interdisciplinar em Ciência, Gestão e Tecnologia da Informação - UFPR Publicador: Mestrado Interdisciplinar em Ciência, Gestão e Tecnologia da Informação - UFPR
Tipo: info:eu-repo/semantics/article; info:eu-repo/semantics/publishedVersion; Artículo evaluado por pares; investigación documental, investigación comparativa; ; desk research; comparative research; Avaliado pelos pares; pesquisa documental; pesquisa compar Formato: text/html; application/pdf; application/epub+zip
Publicado em 18/08/2013 Português
Relevância na Pesquisa
57.086553%
Introduction: Given the worldwide movement on the legal and regulatory frameworks for the protection of personal data the article exposes the current scenario in Brazil and analyzes the Protection of Personal Data Protection Project. Discusses aspects related to privacy, intimacy and the data of natural persons and provides a comparative analysis with foreign law. Method: Desk research evolving national legislation, doctrine and case law, as well as, international normatives. Results: Currently, Brazil has a dispersed and not specific laws on the issue of data protection. Specific and non specific mentions appear in chapters, articles, paragraphs and sections of different pieces of legislation and jurisprudence. When analyzing the Brazilian Personal Data Protection Project there is a need for clarification and insights on specific items, especially those dealing with ownership of data, the public data repositories security and privacy, and the need for creating an autonomous regulatory entity. Another concern is related with the absence of criminal penalties. The Bill was inspired by The European Directive on the Protection of Personal Data (EC 95/46) and the Canadian Data Protection Act. Conclusions: The proliferation of new technologies...

Deconstructing data protection: the 'Added-value' of a right to data protection in the EU legal order

Lynskey, Orla
Fonte: Cambridge University Press for the British Institute of International and Comparative Law Publicador: Cambridge University Press for the British Institute of International and Comparative Law
Tipo: Article; PeerReviewed Formato: application/pdf
Publicado em /07/2014 Português
Relevância na Pesquisa
47.041445%
Article 8 of the EU Charter of Fundamental Rights sets out a right to data protection which sits alongside, and in addition to, the established right to privacy in the Charter. The Charter's inclusion of an independent right to data protection differentiates it from other international human rights documents which treat data protection as a subset of the right to privacy. Its introduction and its relationship with the established right to privacy merit an explanation. This paper explores the relationship between the rights to data protection and privacy. It demonstrates that, to date, the Court of Justice of the European Union (CJEU) has consistently conflated the two rights. However, based on a comparison between the scope of the two rights as well as the protection they offer to individuals whose personal data are processed, it claims that the two rights are distinct. It argues that the right to data protection provides individuals with more rights over more types of data than the right to privacy. It suggests that the enhanced control over personal data provided by the right to data protection serves two purposes: first, it proactively promotes individual personality rights which are threatened by personal data processing and, second...

Health data privacy and confidentiality rights: Crisis or redemption?

Faria,Paula Lobato de; Cordeiro,João Valente
Fonte: Escola Nacional de Saúde Pública Publicador: Escola Nacional de Saúde Pública
Tipo: Artigo de Revista Científica Formato: text/html
Publicado em 01/12/2014 Português
Relevância na Pesquisa
56.84336%
Although widely analyzed by authors and theoretically valued by the public, the right to health data confidentiality seems to be more of an academic figure than a real protected right. This happens due to intrinsic problems with the practical enforcement of some patient's rights, but is getting more notorious in contemporary society. This article describes the rights to health data privacy and confidentiality in their classical contours, focusing on areas of consensus and controversy and analyzing the recent transformations in society that are causing a crisis in these same rights. We agree that there are reasons to believe that there are no novel legal instruments in Health Law to redeem these rights, except for European Data Protection Law. Here, we briefly analyze the new European data protection draft regulation, which intends to bring reinforced tools on this domain. We conclude that the juridical aura that still embraces the right to medical and genetic data confidentiality in Health Law and Bioethics seems to no longer have a practical sense. However, despite this perception, the essential dimension of individual freedom relating to personal information and to the notion that the less is known about us the freer we all are is still very relevant and so Health Law needs to dedicate more attention to the transformations of privacy and confidentiality in the medical and genetic fields in order to maintain them protected and respected.

Personal data protection in New Zealand: lesson for South Africa?

Roos,A
Fonte: PER: Potchefstroomse Elektroniese Regsblad Publicador: PER: Potchefstroomse Elektroniese Regsblad
Tipo: Artigo de Revista Científica Formato: text/html
Publicado em 01/01/2008 Português
Relevância na Pesquisa
47.115986%
In 1995 the European Union adopted a Directive on data protection. Article 25 of this Directive compels all EU member countries to adopt data protection legislation and to prevent the transfer of personal data to non-EU member countries ("third countries") that do not provide an adequate level of data protection. Article 25 results in the Directive having extra-territorial effect and exerting an influence in countries outside the EU. Like South Africa, New Zealand is a "third" country in terms of the EU Directive on data protection. New Zealand recognised the need for data protection and adopted a data protection Act over 15 years ago. The focus of this article is on the data protection provisions in New Zealand law with a view to establishing whether South Africa can learn any lessons from them. In general, it can be said that although New Zealand law does not expressly recognise a right to privacy, it has a data protection regime that functions well and that goes a long way to providing adequate data protection as required by the EU Directive on data protection. Nevertheless, the EU has not made a finding to that effect as yet. The New Zealand data protection act requires a couple of amendments before New Zealand might be adjudged ‘adequate'. South Africa's protection of the right to privacy and identity is better developed and more extensive than that of New Zealand. Privacy is recognised and protected in the law of delict and by the South African Constitution. Despite South Africa's apparently high regard for the individual's right to privacy and identity and our well-developed common and constitutional law of privacy...