The evolution of privacy governance in healthcare in post-apartheid South Africa

Abstract

Before the introduction of democracy in South Africa, the right to privacy was largely recognised at common law and not the subject of significant codification. This has significantly changed with the right to privacy being progressively developed with specific regard to clinical practice and health research. Constitution and increasing awareness of research participant protections, a concept that was predominantly interpreted by the common law, is now governed by various pieces of legislation, ethical guidelines and influenced by international instruments.