This paper develops a theoretical model to help answer the following question— what influences an individual’s opinions regarding the right to privacy of others (individuals, organizations, and governments)? This question is particularly relevant for organizations and governments, for whom insider threats to corporate or government privacy present a dangerous risk. We draw from three bases of l...

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This piece examines situations in which judges are called upon to develop and modify the common law. By reference to a number of recent developments in the United Kingdom and Australia, namely the law of evidence and common law privilege, the right to privacy, and causation in the tort of negligence, the author elucidates the manner and extent to which judges have and are able to develop the la...

In the big data era, new technologies and powerful analytics make it possible to collect and analyse large amounts of data in order to identify patterns in the behaviour of groups, communities and even entire countries. Existing case law and regulations are inadequate to address the potential risks and issues related to this change of paradigm in social investigation. This is due to the fact th...

Information and communication technology has deepened the problem of workplace surveillance by expanding the capacity to measure and monitor worker activity. Partly because of inadequate government attention to privacy protection and partly because the government itself has used security concerns to overturn privacy protections, civil society organizations and movements have increasingly taken ...

What Hayes (2009, p. 5) highlights is the increasing use of information technology in support of surveillance and intelligence gathering in a range of policing methodologies that impact on the daily lives of an increasingly large part of the modern population. Most policing is intrusive and can infringe on individual rights and freedoms. The policing methodologies of surveillance and intelligen...

It seems fair to assume that employers provide e-mail facilities to employees as tools intended for workrelated activity. As such it further seems fair to assume that employers would have the right to monitor such e-mail messages. However, the question arises as to how far the right to privacy – one of the fundamental rights contained in the Bill of Rights in the South African Constitution – ma...

In celebration of a burgeoning celebrity pop culture, Andy Warhol famously proclaimed that in the future, everyone would be famous for 15 minutes. Almost half a century later, being public online has become so easy that one wonders how, in the future, one may be truly private for 15 minutes. Both statements reflect the distance that separates the self from privacy, publicity, and that which lie...

In this essay I argue that it is logically and practically possible to secure the right to privacy under conditions of increasing social transparency. The argument is predicated on a particular analysis of the right to privacy as the right to the personal space required for the exercise of practical rationality. It also rests on the distinction between the unidirectional transparency required b...