CML1501
Assignment 2 Semester 1 2026
Unique number:
Due Date: 7 April 2026
Detailed solutions, explanations, workings
and references.
+27 81 278 3372
, QUESTION 1
The Protection of Personal Information Act (POPI) regulates the processing of
personal data, including information about children. Explain the exceptions
that allow the collection of children’s personal information under POPI.
The Protection of Personal Information Act 4 of 2013 (POPIA) generally prohibits the
processing of personal information relating to children. In terms of section 34, a
responsible party may not process personal information of a child unless specific
statutory exceptions apply. A child is defined as a natural person under the age of 18
years.
The first exception is where prior consent is obtained from a competent person. A
competent person is typically a parent or legal guardian who is legally authorised to
consent on behalf of the child. This is the most common ground upon which
organisations collect children’s information, particularly in educational or online
platform contexts.
Secondly, processing is permitted where it is necessary for the establishment,
exercise or defence of a legal right or obligation. For example, where legal
proceedings involve a child, relevant personal information may be processed without
parental consent.
Thirdly, processing is allowed where it is necessary to comply with an obligation
imposed by law. If legislation requires certain information about a child to be
recorded or reported, POPIA does not prevent such processing.
Fourthly, processing is permitted where it is necessary to protect the legitimate
interests of the child. This includes situations where collecting or using the
information benefits the child directly, such as safeguarding or welfare interventions.
Finally, section 35 provides that the Information Regulator may authorise processing
if it is in the public interest and appropriate safeguards are in place to protect the
child’s rights and privacy.
Varsity Cube 2026 +27 81 278 3372
Assignment 2 Semester 1 2026
Unique number:
Due Date: 7 April 2026
Detailed solutions, explanations, workings
and references.
+27 81 278 3372
, QUESTION 1
The Protection of Personal Information Act (POPI) regulates the processing of
personal data, including information about children. Explain the exceptions
that allow the collection of children’s personal information under POPI.
The Protection of Personal Information Act 4 of 2013 (POPIA) generally prohibits the
processing of personal information relating to children. In terms of section 34, a
responsible party may not process personal information of a child unless specific
statutory exceptions apply. A child is defined as a natural person under the age of 18
years.
The first exception is where prior consent is obtained from a competent person. A
competent person is typically a parent or legal guardian who is legally authorised to
consent on behalf of the child. This is the most common ground upon which
organisations collect children’s information, particularly in educational or online
platform contexts.
Secondly, processing is permitted where it is necessary for the establishment,
exercise or defence of a legal right or obligation. For example, where legal
proceedings involve a child, relevant personal information may be processed without
parental consent.
Thirdly, processing is allowed where it is necessary to comply with an obligation
imposed by law. If legislation requires certain information about a child to be
recorded or reported, POPIA does not prevent such processing.
Fourthly, processing is permitted where it is necessary to protect the legitimate
interests of the child. This includes situations where collecting or using the
information benefits the child directly, such as safeguarding or welfare interventions.
Finally, section 35 provides that the Information Regulator may authorise processing
if it is in the public interest and appropriate safeguards are in place to protect the
child’s rights and privacy.
Varsity Cube 2026 +27 81 278 3372
