CML1501
ASSIGNMENT 2
DUE DATE: 7 APRIL 2026
, CML1501 Assignment 2 2026
DUE 7 APRIL 2026
Question 1
Question 1 (10 marks) The Protection of Personal Information Act (POPI) governs
the processing of personal data entered into a record by or on behalf of a
responsible party using automated or non-automated methods. What are the
exceptions in obtaining information of children in terms of the POPI? Explain
your answer.
The Protection of Personal Information Act (POPIA) provides enhanced protection for
the personal information of children, recognising that children are vulnerable data
subjects who may not fully understand the consequences of information processing.
Section 34 of POPIA establishes a general prohibition on the processing of a child’s
personal information. This reflects the constitutional values of dignity, privacy, and
protection of children’s best interests as provided in section 28 of the Constitution.
However, POPIA does not create an absolute ban; instead, it outlines carefully defined
exceptions to ensure that legitimate and necessary processing may still occur under
controlled circumstances.( CHAPTER 6: Diverse statutes that contain restrictions on
information)
One major exception is where consent is given by a competent person, such as a
parent or legal guardian, who has the legal authority to act on behalf of the child. This
ensures that children are not left unprotected when decisions regarding their personal
information are required. Another exception applies where processing is necessary for
the establishment, exercise, or defence of a legal right or obligation, for example in
court proceedings or administrative processes involving the child. Processing is also
ASSIGNMENT 2
DUE DATE: 7 APRIL 2026
, CML1501 Assignment 2 2026
DUE 7 APRIL 2026
Question 1
Question 1 (10 marks) The Protection of Personal Information Act (POPI) governs
the processing of personal data entered into a record by or on behalf of a
responsible party using automated or non-automated methods. What are the
exceptions in obtaining information of children in terms of the POPI? Explain
your answer.
The Protection of Personal Information Act (POPIA) provides enhanced protection for
the personal information of children, recognising that children are vulnerable data
subjects who may not fully understand the consequences of information processing.
Section 34 of POPIA establishes a general prohibition on the processing of a child’s
personal information. This reflects the constitutional values of dignity, privacy, and
protection of children’s best interests as provided in section 28 of the Constitution.
However, POPIA does not create an absolute ban; instead, it outlines carefully defined
exceptions to ensure that legitimate and necessary processing may still occur under
controlled circumstances.( CHAPTER 6: Diverse statutes that contain restrictions on
information)
One major exception is where consent is given by a competent person, such as a
parent or legal guardian, who has the legal authority to act on behalf of the child. This
ensures that children are not left unprotected when decisions regarding their personal
information are required. Another exception applies where processing is necessary for
the establishment, exercise, or defence of a legal right or obligation, for example in
court proceedings or administrative processes involving the child. Processing is also
