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CML1501 Assignment 2 (COMPLETE ANSWERS) Semester 1 2026 - DUE 31 March 2026

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CML1501 Assignment 2 (COMPLETE
ANSWERS) Semester 1 2026 - DUE 31
March 2026
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CML1501 Assignment 2 (COMPLETE
ANSWERS) Semester 1 2026 - DUE 31
March 2026
CML1501 Assignment 2 (COMPLETE ANSWERS) Semester 1 2026 - DUE 31
March 2026; 100% TRUSTED Complete, trusted solutions and explanations.
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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.


In terms of the Protection of Personal Information Act (POPIA) No. 4 of 2013, Section 34
establishes a general prohibition on the processing of personal information concerning children.
Because children are considered vulnerable, the law provides them with extra layers of
protection.

However, Section 35 of the Act outlines specific exceptions where the processing of a child's
information is legally permissible.



Exceptions for Processing Children's Personal Information

The prohibition does not apply if the processing is carried out under the following circumstances:

1. Prior Consent of a Competent Person

The most common exception is when a "competent person" (usually a parent or legal guardian)
provides informed consent.

 Requirement: The consent must be voluntary, specific, and informed.
 Example: A parent signing a consent form for a child to participate in a school sports
event where their name and age will be recorded.

2. Necessary for the Establishment, Exercise, or Defense of a Right

Information can be processed if it is necessary to comply with an obligation imposed by law or
to defend a legal right in court.

,  Example: Processing a child's details to facilitate a child support claim or a custody
dispute in a court of law.

3. Compliance with an Obligation of International Public Law

If processing is required to satisfy international legal obligations that South Africa has
committed to, the prohibition is lifted.

 Example: Information shared for international efforts to track missing children through
organizations like INTERPOL.

4. For Historical, Statistical, or Research Purposes

Processing is allowed if it serves the public interest and if the research serves a serious medical
or social purpose.

 Conditions: The research must be impossible or disproportionately difficult to conduct
without the information, and the final results must not identify the child.

5. Information Deliberately Made Public

If the personal information has been made public by the child (with the consent of a competent
person), it may be processed.

 Note: This is a nuanced area, as the "competent person" must still have overseen the
initial public disclosure.

6. Authorization by the Regulator

The Information Regulator may grant authorization if the processing is in the public interest and
appropriate safeguards are in place to protect the child's privacy.



Summary Table: The Processing Logic

General Rule Exception Mechanism Necessary Safeguard


Prohibition (Sec 34) Consent (Sec 35) Must be from a parent/guardian.


Privacy First Public Interest Regulator must verify safeguards.


Vulnerability Legal Defense Only what is "necessary" for the right.

Connected book
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Dom Caristi, William R Davie Communication Law
Publisher: 2018 ISBN: 9781315448343 Edition: Unknown

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