The Discovery vs Liberty judgment adds weight to the argument that the data subject and not the responsible party owns their personal data. Data protection law puts the control back in the hands of the data subject. It gives [...]
In Black Sash Trust v Minister of Social Development, the Constitutional Court agreed with the Information Regulator that data subjects own their personal information and that a responsible party cannot transfer the data subject's personal information to another party. [...]
In President of the Republic of South Africa v Office of the Public Protector, the Court confirmed the authority and powers of Chapter 9 Institutions. Similar to the Public Protector, the Information Regulator can also hold others accountable for their […]
In Dutch Reformed Church Vergesig v Sooknunan, the Court ordered Sooknunan, the owner and publisher of a Facebook page, to remove certain posts as they were unlawful in content and impact. The Court held that people posting the Church members' […]
In Bernstein v Bester, the court gave an interpretation of the constitutional right to privacy. The court held that business activities are public affairs that need public scrutiny. This means that the right to privacy applies in the personal or [...]
In National Media Ltd v Jooste, a magazine published an article about Jooste and her child without Jooste's consent. The Court held that a child's personal information was also a guardian's personal information. The Court also held that a person […]
In Financial Mail (Pty) Ltd v Sage Holdings Ltd, the Court extended personality rights to a corporation. This judgment is a significant development in our law and is the basis behind POPIA's requirement that responsible parties must protect the personal [...]
