CML1501 Assignment 2 Semester 2 Due 10 September 2025 | ANSWERS • Course • Communication Law (CML1501)

[Type the company name]




CML1501 Assignment 2
Semester 2 Due 10
September 2025 |
ANSWERS
NO PLAGIARISM





[Year]

,Exam (elaborations)
CML1501 Assignment 2 Semester 2 Due 10
September 2025 | ANSWERS
Course
 Communication Law (CML1501)
 Institution
 University Of South Africa
 Book
 Communication Law

Communication Law - CML1501 Assignment 2 Semester 2 2025 - Due 10
September 2025; 100 % TRUSTED workings, Expert Solved, Explanations and
Solutions. Assignment 2 EACH QUESTION THATCARRIES (10 MARKS) (IT
MEANS THATEACH ANSWERMUSTBEATLEASTEIGHTLINES)

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.-
Whatarethe exceptions in obtaining information of children in terms of the
POPI? Explain your answer.

The Protection of Personal Information Act (POPIA) and Children

 Under section 34–35 of POPIA, children are regarded as a special category of data
subjects because they are vulnerable.
 The general rule is that no person may process the personal information of a child
(anyone under 18 years old) unless consent is obtained from a competent person
(usually the parent or legal guardian).



Exceptions to the Rule (Section 35(1) of POPIA)

Processing of a child’s personal information is allowed without parental/guardian consent in
the following situations:

1. Legal Obligation
o When processing is necessary to comply with an obligation imposed by law.
o Example: Birth registration at Home Affairs.
2. Court Order
o When personal information is processed for the establishment, exercise, or
defence of a legal right or obligation.
3. Public Law Duty

, o Where it is necessary to perform a public law duty imposed on a responsible
party.
o Example: A school keeping learners’ records as required by education laws.
4. For the Child’s Best Interests
o When processing is necessary to protect or pursue the legitimate interests of the
child.
o Example: A hospital processing medical information during an emergency.
5. Research, Statistical or Historical Purposes
o If the processing is for research or statistical purposes, provided it serves the
public interest and all safeguards (like de-identification) are in place.



Summary Answer

In terms of POPIA, the processing of a child’s personal information is generally prohibited
unless consent is obtained from a competent person (parent/guardian). However, exceptions
exist, including when processing is necessary due to a legal obligation, by court order, to
perform a public law duty, to protect the legitimate interests of the child, or for
research/statistical purposes in the public interest.

1. .



Question 1: The POPI Act and Exceptions in Processing Personal Information of
Children

The Protection of Personal Information Act 4 of 2013 (POPIA) sets strict rules for processing
the personal information of children (anyone under 18 years) because they are considered
vulnerable data subjects.

As a general rule (section 34 of POPIA), the processing of personal information of children is
prohibited, unless an exception applies.



Exceptions in Obtaining/Processing Information of Children (Sections 35–38
POPIA)

1. Consent by a Competent Person (s35(1)(a))
o If the processing is carried out with the prior consent of a competent person
(usually the child’s parent or legal guardian).
2. Processing Necessary for Legal Obligation (s35(1)(b))