Property rights in personal information: A South African perspective

Technological advancements and the increasing speed of communication have given rise to the development of new products and business models. Personal information is a central element of these novel business models. Data subjects can exchange their personal information for goods and services, and businesses generate revenue by monetising such information. While the nexus between technology and personal information has long been recognised, personal information is traditionally seen as an integral aspect of privacy and is most often discussed in the context of privacy and data protection. In light of the commodification of personal information and the recognition of its economic value, it has become necessary to question whether personal information can be understood from a different legal perspective, namely, as property rights (or property interests). This dissertation analyses the data protection regulatory framework in South Africa. The dissertation finds that South African data protection legislation affords data subjects a high level of protection that is comparable to that of the European Union. However, South African legislation does not address or recognise the commodification of personal information. Similarly, the South African Constitution, 1996 does not provide much guidance on this aspect. However, due to the transformative nature and effect of the Constitution, it allows for an interpretation of laws that reflects a changing legal landscape and changed mindset. In this dissertation, an examination of the United States and the European Union reveals that, despite their differing approaches to data protection, the flow of personal information is an important enabler for economic development and creating value. The dissertation finds that data protection mechanisms in both jurisdictions seek to facilitate the flow of personal information and therefore promote the increasing commodification of personal information and its status as an asset.

Grantor dc:publisher.institution

University of the Western Cape

Year dc:date.issued

2024

Author dc:creator

• Fransman, Marlin Lowell

Advisor dc:contributor.advisor

• Moosa, Fareed

• Big data technologies
• Commodification of personal information
• Constitutional property
• Data protection
• Data-driven innovation

Licence

• https://uwcscholar.uwc.ac.za/bitstreams/f3658d75-6f06-40f8-b954-2f10e3da543b/download