, CML1501 Assignment 2 (COMPLETE ANSWERS)
Semester 2 2025 - DUE 10 September 2025; 100% correct
solutions and explanations.
Question 1
The Protection of Personal Information Act 4 of 2013 (POPIA)
regulates the collection, storage, and processing of personal
information in South Africa. One of the most sensitive categories of
personal information covered under the Act is the information
relating to children. Section 34 of POPIA specifically prohibits the
processing of personal information of children unless certain
exceptions apply. This is because children are regarded as
vulnerable data subjects who require additional protection.
The general rule is that personal information of a child may not be
processed without the prior consent of a competent person, usually a
parent or legal guardian. However, there are important exceptions
where processing may be allowed. Firstly, information may be
processed if it is carried out with the consent of a competent person
on behalf of the child. This ensures that the child’s interests are
represented. Secondly, processing is permitted if it is necessary for
the establishment, exercise, or defence of a right or obligation in
law. For example, a school or hospital may process a child’s details
to meet legal obligations or protect the child’s rights.
Another exception is when the processing is for historical,
statistical, or research purposes, provided that it is in the public
interest and adequate safeguards are in place to ensure that the
privacy of the child is not infringed. In such cases, the information
is usually anonymised to protect identity. The processing may also
be permitted if it relates to information that has been deliberately
made public by the child with the consent of a competent person.
Semester 2 2025 - DUE 10 September 2025; 100% correct
solutions and explanations.
Question 1
The Protection of Personal Information Act 4 of 2013 (POPIA)
regulates the collection, storage, and processing of personal
information in South Africa. One of the most sensitive categories of
personal information covered under the Act is the information
relating to children. Section 34 of POPIA specifically prohibits the
processing of personal information of children unless certain
exceptions apply. This is because children are regarded as
vulnerable data subjects who require additional protection.
The general rule is that personal information of a child may not be
processed without the prior consent of a competent person, usually a
parent or legal guardian. However, there are important exceptions
where processing may be allowed. Firstly, information may be
processed if it is carried out with the consent of a competent person
on behalf of the child. This ensures that the child’s interests are
represented. Secondly, processing is permitted if it is necessary for
the establishment, exercise, or defence of a right or obligation in
law. For example, a school or hospital may process a child’s details
to meet legal obligations or protect the child’s rights.
Another exception is when the processing is for historical,
statistical, or research purposes, provided that it is in the public
interest and adequate safeguards are in place to ensure that the
privacy of the child is not infringed. In such cases, the information
is usually anonymised to protect identity. The processing may also
be permitted if it relates to information that has been deliberately
made public by the child with the consent of a competent person.
