Dr Helga Schultz, a Legal Researcher in the Office of the Chief Justice at the Pietermaritzburg High Court, has graduated with a PhD in Law.
‘I always wanted to pursue a doctoral thesis, but it took me a while to settle on a topic. By happy coincidence, I was watching the German news when I came across the concept of the “right to be forgotten” and wondered if South Africa had an equivalent,’ said Schultz.
Her study, titled “A Critical Analysis of the Right to be Forgotten in South African Law in Light of the Rights of Freedom of Expression and Privacy” explores legal theory and European case law to determine whether this right could assist South Africans in protecting informational privacy. The research was supervised by Professor Warren Freedman.
‘With the Protection of Personal Information Act 4 of 2013 becoming ever-present in daily life – whether at the bank or filling out a form – I wanted to understand more. That curiosity inspired me to pursue this PhD,’ said Schultz.
She explained that the right to be forgotten helps protect personal information online by allowing individuals to de-link or de-index search results that include outdated or inaccurate information.
‘While the right to be forgotten may limit freedom of expression in certain circumstances, it is a vital mechanism for protecting online privacy against exploitation of personal information, providing individuals with a tool to protect their identity in an ever-changing online world,’ said Schultz.
Schultz described her PhD journey as a long and winding road, filled with unknown paths – but ultimately rewarding.
‘When I achieved smaller milestones – like publishing an article, completing a chapter, or receiving feedback from my patient and helpful supervisor, Professor Freedman – I began to see the framework and content take shape. Passing the thesis and learning that my work could positively influence South African law made it all worthwhile,’ she said.
Words: Thandiwe Jumo
Photograph: Sethu Dlamini
