O’REGAN J and SACHS J [76] In our view, the other area where the rights of the sex worker appear to have been limited by section 20(1)(aA), is in respect of her right of personal privacy. The concept of privacy has been much debated in recent times.35 In Bernstein,36 Ackermann J held that the right to privacy in the interim Constitution must be understood as recognising a continuum of privacy rights which may be regarded as starting with a wholly inviolable inner self, moving to a relatively impervious sanctum of the home and personal life, and ending in a public realm where privacy would only remotely be implicated, if at all. “The truism that no right is to be considered absolute implies that from the outset of interpretation each right is always already limited by every other right accruing to 35 See Edward Shils’ analysis of the term “privacy” quoted in A L Allen Uneasy Access: Privacy for Women in a Free Society (Roman and Littlefield: New Jersey, 1988) at 5-6: “Numerous meanings crowd in the mind that tries to analyze privacy: the privacy of private property; privacy as a proprietary interest in name and image; privacy as the keeping of one’s affairs to oneself; the privacy of the internal affairs of a voluntary association or of a business; privacy as the physical absence of others who are unqualified by kinship, affection or other attributes to be present; respect for privacy as the respect for the desire of another person not to disclose or to have disclosed information about what he is doing or has done; the privacy of sexual and familial affairs; the desire for privacy as desire not to be observed by another person or persons; the privacy of the private citizen as opposed to the public official; and these are only a few.” Allen points out that the concept of privacy is uniquely elastic, and offers her own definition as being based on the law providing restricted access to individuals, to their mental states and to information about them. 36 Bernstein above n 33. See too Mistry v Interim Medical and Dental Council of South Africa and Others 1998 (4) SA 1127 (CC) at para 27; 1998 (7) BCLR 880 (CC) at para 20. 48

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