Privacy boundaries in digital space: an exercise in responsibilisation

Abstract

In digital space, the boundaries of privacy are often amorphous, symptomatic of human actors’ developing relationship with virtual spaces. As a result, those with little exposure to digital space may simply transplant their ‘real world’ expectations, whereas those who immerse themselves may assimilate a new perspective on privacy. Firstly, this paper considers the need for comparative research in the privacy field. Secondly, it reflects on the utility of Altman’s and Hughes’ theories of privacy regulation in the context of digital space. Thirdly, it discusses how privacy interference has been addressed by UK and South African law, focusing on the evolution of data protection. Fourthly, it reflects on the legal implications of the fracturing of responsibility between state and non-state actors. And, lastly, it draws out the consequences of such responsibilisation and how these relate to Altman and Hughes’ work.