Conclusion and recommendations. Chapter 7

• Pages: 91-92
• Author: Leani Marlie Van Schalkwyk
• Date: 01 January 2005
• Published date: 01 January 2005
• DOI: 10.10520/EJC74039

CHAPTER 7

CONCLUSION AND RECOMMENDATIONS

1. Conclusion

Data protection is a very important aspect internationally which

has a huge influence on the use of the Internet by individuals.

Although not all of them were mentioned, most first world and de-

veloping countries have legislation in place that regulates this issue

or part thereof. With the enactment of the ECT, South Africa joined

this group of countries.

In most countries considered, the definition for “personal informa-

tion” is extensive enough to include commercial information. It is

also submitted that the definition provided in the ECT is also suf-

ficient to protect commercial information. The protection granted to

privacy and personal information can, therefore, be extended with-

in the ambit of the provided definitions to also include commercial

information.

Europe’s approach, which is very strict and prescriptive, is submit-

ted as the preferable alternative.The Directive establishes an obli-

gation on European level. On an international level, the Council of

Europe’s Convention for the Protection of Individuals with Regard

to Automatic Processing of Personal Data, the OECD Guidelines

on the Protection of Privacy and Transborder Flows of Personal Data

of 23 September 1980 as well as the OECD Guidelines for the Se-

curity of Information Systems of 26 November 1992 and the decla-

rations adopted at the Ottawa conference contain general principles

for safety measures.

In the light of all these events, the Americans still seem to favour

the system of self-regulation. This system does not provide the same

sense of security among individuals as legislative measures do.

The reason being that sanctions go hand in hand with legislation

and the certainty of punishment. However, it compels businesses

to reassure their customers through thorough privacy policies and

adherence to it. This proves to give some businesses a profes-

sional advantage.When enforcement authorities exist and they have

a well-defined mandate, the self-regulatory system may prove to be

successful.

The defence that the Internet is a technologically superior field

that develops rapidly, is noted, but legislation can still be enacted

to protect individuals’ personal information which includes commer-

cial information. Measures such as these normally include basic

principles that stay valid amid changing circumstances.

91