COVID 19- South Africa Appoints Former Constitutional Court Judge To Safeguard Individual's Privacy [Read Order]
Live LawIn the wake of the onslaught on the right to privacy in the world-wide fight against Coronavirus, the South African government has appointed former Constitutional Court judge, Justice Catherine O'Regan, as the COVID-19 Designate Judge to safeguard individuals' privacy and personal information in these critical times. The Ministry of Justice and Correctional Services, in its media statement issued on Friday, noted that the State regulations in terms of section 27 of their Disaster Management Act, 2002 make provision for contact tracing and for a national database to enable the tracing of persons who are known or reasonably suspected to have come into contact with any person known or reasonably suspected to have contracted COVID-19. Further, The Regulations authorise the Director-General of Health to direct an electronic communications service provider to supply information regarding the location or movements of any person known, or reasonably suspected, to have contracted COVID-19 or any person known, or reasonably suspected, to have come into contact with such a person. While requiring that the Director-General of Health must file a weekly report with the COVID-19 Designated Judge setting out the names and details of all persons whose location or movements were so obtained, the government stated that the said judge "may also make such recommendations to Cabinet members responsible for Cooperative Governance and Traditional Affairs, Health and Justice and Correctional Services as she deems fit, regarding the amendment or enforcement of this regulation in order to safeguard the right to privacy whilst ensuring the ability of the Department of Health to engage in urgent and effective contact tracing to address, prevent and combat the spread of COVID-19" "Whilst Government does all it can to implement measures to fight the spread of COVID19, the Designated Judge has an important role to play to safeguard the privacy and personal information of persons during this process", acknowledged the government of the Republic of South Africa.