REPUBLIC OF SOUTH AFRICA COMBINED SECOND PERIODIC REPORT UNDER THE AFRICAN CHARTER ON HUMAN AND PEOPLE`S RIGHTS and INITIAL REPORT UNDER THE PROTOCOL TO THE AFRICAN CHARTER ON THE RIGHTS OF WOMEN IN AFRICA information that must be approved by the Regulator. For example, an exemption has been made for journalists, subject to a code that sufficiently covers the relevant issues and the media is then, subject to that code, left to regulate itself. With a few exceptions, crimes are only committed when a party does not abide by an enforcement notice issued by the Regulator. An aggrieved party has the right to take the enforcement notice on appeal to the High Court. 182. Privacy is a valuable aspect of a person’s personality, for that reason the definition of personal information is as wide as possible, including amongst others, everything from race, gender, marital status, sexual orientation, religion, language, employment history, email and telephone number, location and biometric information. It can also include personal opinions, views and preferences of a person. The Act also makes changes to the Promotion of Access to Information Act, as the responsibilities for the implementation of the Act are being transferred from the SA Human Rights Commission to the Information Regulator. 183. In protecting a person’s personal information consideration should, therefore, also be given to competing interests such as the administering of national social programmes, maintaining law and order, and protecting the rights, freedoms and interests of others, including the commercial interests of industry sectors such as banking, insurance, direct marketing, health care, pharmaceuticals and travel services. The task of balancing these opposing interests is a delicate one. 184. Privacy and data protection legislation for South Africa is in line with international trends and the implementation will bring South Africa in line with international best practice. Many countries in the world, including African countries like Angola, Benin, Burkina Faso, Mauritius, Morocco and Senegal, already have legislation dealing with the protection of personal information. Measures pertaining to the right to freedom of expression 185. 112 Freedom of expression is enshrined in section 16 of the Constitution.112 As a general rule, any law that seeks to restrict freedom of expression, must be in conformity with section 36 of the Constitution, and in particular, it must not make inroads which are far too S 16 (1) Everyone has the right to freedom of expression, which includes – (a) freedom of the press and other media; (b) freedom to receive and impart information or ideas; (c) freedom of artistic creativity; (d) academic freedom and freedom of scientific research. (2) The right in subsection (1) does not extend to – (a) propaganda for war; (b) incitement of imminent violence; (c) advocacy of hatred that is based on race, ethnicity, gender or religion, and that constitutes incitement to cause harm. 54