Parliament — The SA Law Reform Commission on Thursday published three issue papers for general information and public comment, dealing with stalking, privacy and data collection, and prescription periods.
Briefing the media at Parliament, commission secretary Willie Henegan said the commission's investigation into stalking emphasised the need to address the pressing and complex problems relating to stalking.
The paper broadly defined stalking as any type of harassing and intimidating conduct that caused a person to fear for his or her safety.
It identified different categories of stalkers, for example delusional erotomanics, "former intimate" stalkers, sociopathic stalkers, disgruntled clients, cyberstalkers, and debt collectors.
Henegan said the three options for reform were expanding or enacting similar legislation to the Domestic Violence Act, amending and adapting the Criminal Procedure Act, or enacting separate legislation criminalising stalking.
The closing date for comment is September 30. (e-mail: dellene@salawcom.org.za).
Regarding the privacy and data protection issue paper, commission researcher Amanda Louw said that while potential invasions of privacy could come from many sources, a chief concern in recent years had been information privacy.
This could be defined as the claim of individuals, groups, or institutions to determine for themselves how, when, and to what extent information about them was collected, stored or communicated to others.
Information about people and their activities could range from medical records, buying habits, and property ownership, to borrowing habits at the video store, cell phone conversations, and surfing practices on the Internet -- all mostly recorded in digital form.
It was clear that personal information had acquired a market value, she said.
The commission was currently considering proposals for possible law reform regarding, among other things, whether privacy and data protection should be regulated by legislation, and how the general principles of data collection could be developed and incorporated into legislation.
Also whether a statutory regulatory agency should be established, and if it was viable to promote a flexible approach in which industries would develop their own codes of practice which could be overseen by the regulatory agency, Louw said.
Comment on this paper should be forwarded by December 1.
(e-mail: alouw@salawcom.org.za).
The third paper deals with legal prescription periods, and interested parties have until October 17 to comment. (e-mail: tcronje@salawcom.org.za, or ljankie@salawcom.org.za).
All three issue papers are available on the Internet at: www.law.wits.ac.za/salc.html, and written submissions can also be sent to: The Secretary, SA Law Reform Commission, Private Bag x668, Pretoria, 0001, or faxed to 012-320-0936.

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