CML1501
Assignment 2 Semester 1 2026
Unique number:
Due date: 7 April 2026
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.
DISCLAIMER & TERMS OF USE
Educational Aid: These study notes are intended to be used as educational resources and should not be seen
as a replacement for individual research, critical analysis, or professional consultation. Students are encouraged
to perform their own research and seek advice from their instructors or academic advisors for specific
assignment guidelines.
Personal Responsibility: While every effort has been made to ensure the accuracy and reliability of the
information in these study notes, the seller does not guarantee the completeness or correctness of all content.
The buyer is responsible for verifying the accuracy of the information and exercising their own judgment when
applying it to their assignments.
Academic Integrity: It is essential for students to maintain academic integrity and follow their institution's
policies regarding plagiarism, citation, and referencing. These study notes should be used as learning tools and
sources of inspiration. Any direct reproduction of the content without proper citation and acknowledgment may
be considered academic misconduct.
Limited Liability: The seller shall not be liable for any direct or indirect damages, losses, or consequences
arising from the use of these notes. This includes, but is not limited to, poor academic performance, penalties, or
any other negative consequences resulting from the application or misuse of the information provided.
, 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.
Assignment 2 Semester 1 2026
Unique number:
Due date: 7 April 2026
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.
DISCLAIMER & TERMS OF USE
Educational Aid: These study notes are intended to be used as educational resources and should not be seen
as a replacement for individual research, critical analysis, or professional consultation. Students are encouraged
to perform their own research and seek advice from their instructors or academic advisors for specific
assignment guidelines.
Personal Responsibility: While every effort has been made to ensure the accuracy and reliability of the
information in these study notes, the seller does not guarantee the completeness or correctness of all content.
The buyer is responsible for verifying the accuracy of the information and exercising their own judgment when
applying it to their assignments.
Academic Integrity: It is essential for students to maintain academic integrity and follow their institution's
policies regarding plagiarism, citation, and referencing. These study notes should be used as learning tools and
sources of inspiration. Any direct reproduction of the content without proper citation and acknowledgment may
be considered academic misconduct.
Limited Liability: The seller shall not be liable for any direct or indirect damages, losses, or consequences
arising from the use of these notes. This includes, but is not limited to, poor academic performance, penalties, or
any other negative consequences resulting from the application or misuse of the information provided.
, 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.
