CML1501
Assignment 2 Semester 1 2026
Unique number:
Due Date: 7 April 2026
This document includes:
Helpful answers and guidelines
Detailed explanations and/ or calculations
References
Connect with the tutor on
+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) provides special
protection for the personal information of children. In terms of section 34, a
responsible party may not process the personal information of a child unless specific
exceptions apply. A “child” under the Act refers to a person under the age of 18
years.
The primary exception allowing the collection of a child’s personal information is
where prior consent is obtained from a competent person. A competent person is
usually the child’s parent or legal guardian who has authority to make decisions on
behalf of the child. If such consent is properly obtained, processing is lawful.
Another exception applies where processing is necessary for the establishment,
exercise or defence of a legal right or obligation. For example, if personal information
is required for legal proceedings involving the child, the Act permits such processing.
Processing is also allowed where it is necessary to comply with an obligation
imposed by law. If another statute requires the collection or retention of a child’s
information, POPIA recognises this as a valid ground.
Further, personal information of a child may be processed if it is necessary for
historical, statistical or research purposes, provided adequate safeguards are in
place and the processing does not adversely affect the child’s rights.
Importantly, the Information Regulator may authorise processing of a child’s personal
information if it is in the public interest and appropriate safeguards exist. This
provides flexibility where strict consent requirements may not be practical.
Therefore, while POPIA generally prohibits processing of children’s information, it
recognises limited exceptions grounded in consent, legal necessity, statutory
compliance, research safeguards and regulatory authorisation.
© Study Shack 2026. All rights Reserved +27 81 278 3372
Assignment 2 Semester 1 2026
Unique number:
Due Date: 7 April 2026
This document includes:
Helpful answers and guidelines
Detailed explanations and/ or calculations
References
Connect with the tutor on
+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) provides special
protection for the personal information of children. In terms of section 34, a
responsible party may not process the personal information of a child unless specific
exceptions apply. A “child” under the Act refers to a person under the age of 18
years.
The primary exception allowing the collection of a child’s personal information is
where prior consent is obtained from a competent person. A competent person is
usually the child’s parent or legal guardian who has authority to make decisions on
behalf of the child. If such consent is properly obtained, processing is lawful.
Another exception applies where processing is necessary for the establishment,
exercise or defence of a legal right or obligation. For example, if personal information
is required for legal proceedings involving the child, the Act permits such processing.
Processing is also allowed where it is necessary to comply with an obligation
imposed by law. If another statute requires the collection or retention of a child’s
information, POPIA recognises this as a valid ground.
Further, personal information of a child may be processed if it is necessary for
historical, statistical or research purposes, provided adequate safeguards are in
place and the processing does not adversely affect the child’s rights.
Importantly, the Information Regulator may authorise processing of a child’s personal
information if it is in the public interest and appropriate safeguards exist. This
provides flexibility where strict consent requirements may not be practical.
Therefore, while POPIA generally prohibits processing of children’s information, it
recognises limited exceptions grounded in consent, legal necessity, statutory
compliance, research safeguards and regulatory authorisation.
© Study Shack 2026. All rights Reserved +27 81 278 3372
