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) generally prohibits the
processing of personal information relating to children. In terms of section 34, a responsible
party may not process personal information of a child unless specific statutory exceptions
apply. A child is defined as a natural person under the age of 18 years.
The first exception is where prior consent is obtained from a competent person. A competent
person is typically a parent or legal guardian who is legally authorised to consent on behalf
of the child. This is the most common ground upon which organisations collect children’s
information, particularly in educational or online platform contexts.
Secondly, processing is permitted where it is necessary for the establishment, exercise or
defence of a legal right or obligation. For example, where legal proceedings involveTerms
a child,
of use
By makingconsent.
relevant personal information may be processed without parental use of this document you agree to:
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implied representations or warranties. The author accepts no responsibility or liability for any actions taken based on the
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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) generally prohibits the
processing of personal information relating to children. In terms of section 34, a
responsible party may not process personal information of a child unless specific statutory
exceptions apply. A child is defined as a natural person under the age of 18 years.
The first exception is where prior consent is obtained from a competent person. A
competent person is typically a parent or legal guardian who is legally authorised to
consent on behalf of the child. This is the most common ground upon which organisations
collect children’s information, particularly in educational or online platform contexts.
Secondly, processing is permitted where it is necessary for the establishment, exercise or
defence of a legal right or obligation. For example, where legal proceedings involve a
child, relevant personal information may be processed without parental consent.
Thirdly, processing is allowed where it is necessary to comply with an obligation imposed
by law. If legislation requires certain information about a child to be recorded or reported,
POPIA does not prevent such processing.
Fourthly, processing is permitted where it is necessary to protect the legitimate interests of
the child. This includes situations where collecting or using the information benefits the
child directly, such as safeguarding or welfare interventions.
Finally, section 35 provides that the Information Regulator may authorise processing if it is
in the public interest and appropriate safeguards are in place to protect the child’s rights
and privacy.
These exceptions demonstrate that while POPIA prioritises the protection of children’s
personal information, it recognises that certain limited and carefully controlled
circumstances justify lawful processing.
Disclaimer
Great care has been taken in the preparation of this document; however, the contents are provided "as is"
without any express or implied representations or warranties. The author accepts no responsibility or
liability for any actions taken based on the information contained within this document. This document is
intended solely for comparison, research, and reference purposes. Reproduction, resale, or transmission
of any part of this document, in any form or by any means, is strictly prohibited.