The concept of privacy is a complex one which, like most concepts, has no universally accepted definition. The most frequently quoted definition of privacy was the one offered by the American Jurist, Louis Brandeis which describes the right to privacy as “the right to be left alone”. It is a concept that is recognized and afforded adequate protection under most nations’ constitutions and even extended to international conventions and instruments.

Online privacy rights actually exist even though it appears elusive to desiring data subjects, except a few who may be willing to go the extra mile to enforce them. Nevertheless, the law protects these rights and leaves an avenue for aggrieved data subjects to seek redress where these rights are breached. It is therefore imperative for interested data processors and aggrieved data subjects to understand that online privacy rights do not exist in isolation and successful enforcement or defence of the same must be pursued within a complicated interlace of competing and sometimes conflicting interests and rights.

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