ABSTRACT

At the end of the twentieth century there can be very few people who remain unaware of the dram atic impact which increasing computerization has had on the storage, processing, retention and release of information and data. Computerization has revolutionized the handling and processing of informa­ tion to such an extent that the data itself has now become a commodity which possesses commercial value and can be traded on the market in the same way as any other commodity. The value to businesses is also enhanced by the fact that data can be transferred around the globe with great ease. On the other hand, increasing use of the Internet, predicted to have up to 200 million users over the next few years, drawn from both academic and commercial sectors, has resulted in a profligate transfer of personal data which may or may not be for commercial purposes. As with all technological advances, the benefits may be many but there will, inevitably, be potential for abuse. It is difficult to estimate how much of the data which is constantly and routinely being transferred around the world by means of global computer networks is of a personal nature. In 1988 it was estimated at only c. 2-5 per cent of all transborder data flows1, but it seems likely that, given the explosion in the use of this medium, the proportion may have increased. In any event, given the massive total of on-line information available, this still gives rise to fears of the abuse and misuse of data which could involve invasions of privacy, use of the data for unauthorized and unexpected purposes and so on. Where false infor­ mation is communicated about a person this could also lead to the possibility of an action in defamation (see Section 12.7 et seq.).