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When Is Data Still “Personal”? Pseudonymisation, Context, and a Shift in Data-Protection Thinking

Data-protection law is triggered by a deceptively simple concept: personal information ("personal data" in the EU). Once information no longer relates to an identified or identifiable person, the entire regulatory framework falls away. The difficulty lies in...

How could the words “kill the boer” not be hate speech?

The case of AfriForum v Economic Freedom Fighters and Others was decided in May 2024 and was subsequently appealed to the Constitutional Court.  In March 2025 the Constitutional Court declined to hear the matter which effectively marks the end of the road for the...

What can I do if a photographer posted photos of my children on social media without my permission?

I was recently contacted by a client who had the following problem: Earlier this year she contacted a photographer and asked the photographer to take some photographs of her, her husband and their two small children. They agreed by means of Whatsapp on a price and a...

Data Privacy in Healthcare: Addressing Emerging Challenges and Trends in Africa

Privacy Hub is hosting a seminar on Data Privacy in Healthcare: Addressing Emerging Challenges and Trends in Africa on Saturday, 25th May 2024 at 5pm (South African time). Join Paul Esselaar and various other speakers who will discuss latest trends in managing medical...

Why South Africa’s draft revised material transfer agreement is not fit for purpose

Forcing a square into a circle: why South Africa’s draft revised material transfer agreement is not fit for purpose

PAIA manual

View the PAIA manual HERE 20230626_PAIA_Manual_Esselaar Attorneys_PGE

Paul Esselaar

Paul Esselaar completed his BA, LLB at Rhodes University in Grahamstown in 1997. Thereafter he attended the School for Legal Practice at the University of Cape Town in 2000 and went on to complete his articles at Kessler De Jager Inc. During his articles he focussed...

Web Site Terms and Conditions

The Esselaar Attorneys Web Site is subject to copyright by Esselaar Attorneys or is licenced under copyright from third party owners. You may reproduce any web page - subject to the disclaimer below - for personal use only. Any comments and statements contained within...

Email Disclaimer

This message and any accompanying attachment(s) may contain confidential and copyrighted information. If you are not the addressee(s) indicated in this message or responsible for delivery of the message to the addressee(s), do not copy or deliver this message or the...

Financial Services Laws General Amendment Bill tabled in Parliament

According to the South African Government News Agency (SANews) the Financial Services Laws General Amendment Bill was tabled in Parliament last week. In short, 'the Bill, which was released for public comment in March, addresses urgent issues in eleven financial...

NEW

When Is Data Still “Personal”? Pseudonymisation, Context, and a Shift in Data-Protection Thinking

Data-protection law is triggered by a deceptively simple concept: personal information ("personal data" in the EU). Once information no longer relates to an identified or identifiable person, the entire regulatory framework falls away. The difficulty lies in...

How could the words “kill the boer” not be hate speech?

The case of AfriForum v Economic Freedom Fighters and Others was decided in May 2024 and was subsequently appealed to the Constitutional Court.  In March 2025 the Constitutional Court declined to hear the matter which effectively marks the end of the road for the...

What can I do if a photographer posted photos of my children on social media without my permission?

I was recently contacted by a client who had the following problem: Earlier this year she contacted a photographer and asked the photographer to take some photographs of her, her husband and their two small children. They agreed by means of Whatsapp on a price and a...

Data Privacy in Healthcare: Addressing Emerging Challenges and Trends in Africa

Privacy Hub is hosting a seminar on Data Privacy in Healthcare: Addressing Emerging Challenges and Trends in Africa on Saturday, 25th May 2024 at 5pm (South African time). Join Paul Esselaar and various other speakers who will discuss latest trends in managing medical...

Why South Africa’s draft revised material transfer agreement is not fit for purpose

Forcing a square into a circle: why South Africa’s draft revised material transfer agreement is not fit for purpose

PAIA manual

View the PAIA manual HERE 20230626_PAIA_Manual_Esselaar Attorneys_PGE

Paul Esselaar

Paul Esselaar completed his BA, LLB at Rhodes University in Grahamstown in 1997. Thereafter he attended the School for Legal Practice at the University of Cape Town in 2000 and went on to complete his articles at Kessler De Jager Inc. During his articles he focussed...

Web Site Terms and Conditions

The Esselaar Attorneys Web Site is subject to copyright by Esselaar Attorneys or is licenced under copyright from third party owners. You may reproduce any web page - subject to the disclaimer below - for personal use only. Any comments and statements contained within...

Email Disclaimer

This message and any accompanying attachment(s) may contain confidential and copyrighted information. If you are not the addressee(s) indicated in this message or responsible for delivery of the message to the addressee(s), do not copy or deliver this message or the...

Financial Services Laws General Amendment Bill tabled in Parliament

According to the South African Government News Agency (SANews) the Financial Services Laws General Amendment Bill was tabled in Parliament last week. In short, 'the Bill, which was released for public comment in March, addresses urgent issues in eleven financial...

In early 2025 Paul Esselaar attended a very useful workshop organised by the GA4GH (Global Alliance for Genomics and Health) workshop in Boston and met several fascinating experts in the area of genomics law. This part of GA4GH called “REWS” (Regulatory and Ethics Work Stream) focusses on the law relating to health data, and in particular tends to focus on data protection legislation and its interface with health and particularly genomic health research. During discussions with scientists it became increasingly clear that one of the key challenges in genomics research is the inability to share useful data with other researchers due to legal constraints – as opposed to technical difficulties.

As part of REWS efforts to combat this challenge, a group came together and, over several months, developed a lexicon to help health researchers to communicate effectively with each other, particularly in the area of data visiting and federated data learning. The culmination of this work is a journal paper which was published by Human Genomics, is freely available and can be found here.

This paper defines and explains the following terms:

  • Data sharing
  • Data visiting
  • Federated data analysis
  • Remote data interrogation
  • Cross-border data transfer
  • Data localisation

Hopefully this paper and the standardisation of these terms will be a step in the right direction to assist researchers with their challenges to use genomic data for the benefit of humanity.

Please feel free to contact us should have any comments.