(b) any information in the possession of another person that is necessary for the exercise or protection of rights. (ii) personal and family law systems that are subject to tradition or observed by persons professing a particular religion. Most data protection laws around the world, including the General Data Protection Regulation (GDPR) in the EU, do not extend data protection rights to legal entities. Some countries, including Austria and Switzerland, have recognized the personality rights of legal persons in certain cases. A legal person is a social unit, community or association of persons that has the independent right to exist in accordance with the law. [17] [18] He may be “holder of judicial capacity and subjective rights” and associated legal rights and obligations, just like a natural person. Although it is independent of the natural persons who are its members, it acts through them. [15] Three classes of legal persons are recognized. 3. For the purposes of this Article, “child” means a person under 18 years of age. (b) Within five days of his detention, a notice shall be published in the National Law Gazette indicating the name and place of detention and the emergency measure under which the person was detained. A legal person has a legal personality different from that of the persons who created it.
For example, a company may bring an action in its own name; a mutual would have rights and obligations distinct from those of its members; A university may have duties towards its staff. etc. For a full analysis of legal personality, see Jones & Buckle: The Civil Practise of the Magistrate`s Courts in South Africa, ninth edition. Volume II Rules of Procedure Rule 6 and its explanation. We need to protect a natural person`s personal data to protect them from harm. Lawyers also need this protection. There are different types of harm that a person can suffer, but not all types of harm apply to corporations. One area where a legal entity is likely to suffer harm is financial harm. The first consequence of a presumption of death order is that the estate of the deceased person is divided among his heirs as if he or she had died. [92] However, it is not always necessary for a court to be prepared to give a presumption of death; The court also has the possibility to appoint a premium curator to manage the affairs of the disappeared person without issuing a presumption of death, the precedent of which was established in the In re Kannemeyer case, where heirs were required to provide security for the inherited estate in case the disappeared person reappeared. (c) not to be compelled to make a confession or confession which could be used as evidence against him; It is clear that South Africa`s data protection law is different from other countries because it applies specifically to legal entities and protects their personal data. Arguably, it is important to protect the personal data of legal entities in the same way that the law protects the personal data of individuals, as legal entities can also suffer harm if their personal data falls into the wrong hands.
(d) To personally challenge the lawfulness of the detention before a court and, if the detention is unlawful, to be released; Because civil law is so vague about the length of absence required for a presumption of death, South Africa first followed the English rule that the missing person must have been absent continuously for seven years. [84] This provision was later replaced in Re Beaglehole by the rule that no fixed absence time is required. Each case is judged on its own merits and various factors are now taken into account. The length of absence is one and often decisive, but the court also takes into account the circumstances in which the person disappeared, his age and state of health. Pieters ex parte cited the general rule in In re Cuthbert[85] that prolonged absence alone is not sufficient to convince the court to give a presumption of death, especially where there is absolutely no evidence to support it. There are, of course, exceptions to the rule,[86] but for the most part they replace the presumption. In the Ex parte Pieters case, the court issued a nisi rule refusing to accept Pieter`s death and allowed the master to distribute his estate (only about R6,000, which was a factor in the court`s deliberations) among his children. Well, how do you protect the personal data of a natural person? We believe that you should treat the personal data of a legal person in the same way as that of a natural person. This is the most cost-effective approach to your compliance strategy. We all know that there are privacy laws around the world to protect people`s privacy rights.
But some jurisdictions go even further, extending the right to privacy to legal and other non-human entities. At some point in the future, it could even lay the groundwork for protecting personal data from robots or artificial intelligence (AI). (a) the life of the nation is threatened by war, invasion, general insurrection, disorder, natural disasters or any other public emergency; and 12. (1) Everyone has the right to liberty and security of person, including the right: In South Africa, when a person goes missing and there is no evidence that he or she is still alive or not. [81] There is no body for which a doctor can issue a death certificate, and no one can testify that the person is actually dead. In these circumstances, a presumption of death may be ordered either by common law or by statute. Any person with an interest in the death of a disappeared person may appeal to the High Court competent for the area where the disappeared person was living at the time of the disappearance[82] and must satisfy the court that the disappeared person is dead, after weighing the probability. [83] In other words, deaths are not presumed lightly; The court must ensure that the missing person is dead rather than alive. A court cannot declare someone dead, but may assume that the person is dead rather than alive. The circumstances in which the person was left behind are also taken into account, and the age of the person is also taken into account. A second consequence is that the life insurance policies of the missing person are paid to the beneficiaries provided that the cautio de restituendo is provided. A third consequence concerns the marriage of the disappeared person, which is not automatically dissolved by a presumption of death.
The remarriage of the surviving spouse is regulated by the Law on the Dissolution of Marriages on the presumption of death: if he wishes to remarry or enter into a new civil partnership, he or she must file an application for a court order dissolving the marriage or civil partnership of the disappeared person. The dissolution takes effect from a date fixed by the court and the application may be made at the same time as an application for presumption of death or at any time after the presumption. The court does not grant the mero motu request – but only the request of the spouse or partner of the disappeared person. The necessary consequence of an application for the dissolution of a marriage or registered partnership is that it remains dissolved even if the disappeared person reappears. [93] [94] [92] [95] (k) to be heard in a language that the accused understands or, if this is not possible, to have the proceedings interpreted into that language; (g) The detainee shall be allowed to appear in person before any court reviewing detention, to be represented at such hearings by a lawyer and to challenge continued detention. (3) Every accused has the right to a fair trial, which includes the right: Personal law in South Africa governs the birth, private status and death of a natural person. [1] [2] It determines the requirements and qualifications of legal subjectivity (i.e. legal personality) in South Africa and the rights and obligations associated with it.
