,CML1501 Assignment 2 (COMPLETE ANSWERS)
Semester 1 2025 - DUE 2025 ; 100% TRUSTED Complete,
trusted solutions and explanations…WE WISH YOU ALL
THE BEST
ALL QUESTIONS ANSWERED
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
Exceptions in Obtaining Information of Children in Terms
of the Protection of Personal Information Act (POPI)
The Protection of Personal Information Act (POPI), which
was enacted in South Africa to ensure the protection of personal
data, applies to the collection, processing, and management of
personal information. Under the POPI Act, special
considerations are given to children because their personal
information is regarded as particularly sensitive. The Act
includes certain exceptions and provisions when it comes to
obtaining information from children.
Here are the key exceptions related to obtaining the personal
information of children:
,1. Consent from a Parent or Guardian
In terms of Section 35 of POPI, when it comes to processing
the personal information of children under the age of 18, consent
must generally be obtained from a parent or guardian. This is
because children are presumed to have limited capacity to
understand the implications of sharing their personal data.
Exception:
If the child is above the age of 14, they may be able to
consent to the processing of their own personal information
without requiring parental consent, provided that the
processing is for their own benefit and is in accordance
with the Act’s other provisions. However, this is
conditional, and it depends on the specific circumstances
and whether the child can demonstrate that they understand
the risks involved in the processing of their data.
2. Information Collected for Specific Purposes
Another exception involves the purpose for which the
information is collected. According to Section 35(2), personal
data of children may be processed without parental consent
under certain conditions:
For specific educational or developmental purposes: If
the processing is required for purposes such as education,
healthcare, or social services, and is in the best interests
of the child, the responsible party may process the child’s
personal data without needing consent from a parent or
guardian.
, For instance, a school could collect and process personal
information about a child for educational purposes or for
providing healthcare services during school activities.
3. Where the Child Can Reasonably Understand the
Consequences of Processing
If a child has sufficient understanding (especially those older
than 14), and it is reasonable to assume that they comprehend
the consequences of providing their personal data, the consent
might be given directly by the child. This exception ensures that
older children, who may have the capacity to make decisions
about their personal information, can do so under the Act's
framework.
4. Legitimate Interest of the Responsible Party
Another exception allows for the processing of personal data of
children if there is a legitimate interest of the responsible party,
but this is only applicable if the processing is not likely to affect
the child’s rights and interests adversely. This exception is
carefully balanced to ensure that children’s privacy rights are
still upheld while also allowing certain necessary processing,
such as for employment-related purposes or specific
organizational requirements.
Conclusion
In summary, the POPI Act sets out that when processing the
personal information of children:
1. Parental consent is required for children under 18, except
where the child is above 14 and can consent themselves.
Semester 1 2025 - DUE 2025 ; 100% TRUSTED Complete,
trusted solutions and explanations…WE WISH YOU ALL
THE BEST
ALL QUESTIONS ANSWERED
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
Exceptions in Obtaining Information of Children in Terms
of the Protection of Personal Information Act (POPI)
The Protection of Personal Information Act (POPI), which
was enacted in South Africa to ensure the protection of personal
data, applies to the collection, processing, and management of
personal information. Under the POPI Act, special
considerations are given to children because their personal
information is regarded as particularly sensitive. The Act
includes certain exceptions and provisions when it comes to
obtaining information from children.
Here are the key exceptions related to obtaining the personal
information of children:
,1. Consent from a Parent or Guardian
In terms of Section 35 of POPI, when it comes to processing
the personal information of children under the age of 18, consent
must generally be obtained from a parent or guardian. This is
because children are presumed to have limited capacity to
understand the implications of sharing their personal data.
Exception:
If the child is above the age of 14, they may be able to
consent to the processing of their own personal information
without requiring parental consent, provided that the
processing is for their own benefit and is in accordance
with the Act’s other provisions. However, this is
conditional, and it depends on the specific circumstances
and whether the child can demonstrate that they understand
the risks involved in the processing of their data.
2. Information Collected for Specific Purposes
Another exception involves the purpose for which the
information is collected. According to Section 35(2), personal
data of children may be processed without parental consent
under certain conditions:
For specific educational or developmental purposes: If
the processing is required for purposes such as education,
healthcare, or social services, and is in the best interests
of the child, the responsible party may process the child’s
personal data without needing consent from a parent or
guardian.
, For instance, a school could collect and process personal
information about a child for educational purposes or for
providing healthcare services during school activities.
3. Where the Child Can Reasonably Understand the
Consequences of Processing
If a child has sufficient understanding (especially those older
than 14), and it is reasonable to assume that they comprehend
the consequences of providing their personal data, the consent
might be given directly by the child. This exception ensures that
older children, who may have the capacity to make decisions
about their personal information, can do so under the Act's
framework.
4. Legitimate Interest of the Responsible Party
Another exception allows for the processing of personal data of
children if there is a legitimate interest of the responsible party,
but this is only applicable if the processing is not likely to affect
the child’s rights and interests adversely. This exception is
carefully balanced to ensure that children’s privacy rights are
still upheld while also allowing certain necessary processing,
such as for employment-related purposes or specific
organizational requirements.
Conclusion
In summary, the POPI Act sets out that when processing the
personal information of children:
1. Parental consent is required for children under 18, except
where the child is above 14 and can consent themselves.
