,CML1501 Assignment 2 (COMPLETE ANSWERS)
Semester 1 2025; 100% correct solutions and explanations.
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 under the
Protection of Personal Information Act (POPIA)
The Protection of Personal Information Act (POPIA)
generally prohibits the processing of personal information of
children (anyone under 18 years) unless certain exceptions
apply. This is in line with the Act’s objective to safeguard
minors’ data due to their vulnerability.
Exceptions in Obtaining Information of Children under
POPIA:
1. Parental or Legal Guardian Consent
o A responsible party may process a child’s personal
information if explicit consent is obtained from the
child’s parent or legal guardian.
, o This ensures that the child’s privacy is protected and
that decisions are made in their best interest.
2. Legal Obligation
o If the processing of a child’s personal information is
required by law, it is permitted.
o Example: Schools collecting personal information of
learners for educational and administrative purposes.
3. For Historical, Statistical, or Research Purposes
o Information may be processed if it is for historical,
statistical, or research purposes, provided that it
serves a legitimate public interest and ensures the
anonymity of the child.
4. If It Is in the Best Interest of the Child
o If processing the child’s data is necessary to protect
their best interests, it may be allowed under POPIA.
o Example: Medical institutions collecting health
records for treatment purposes without parental
consent in emergency situations.
5. Journalistic, Literary, or Artistic Expression
o If the processing is for journalistic, literary, or
artistic expression, it may be exempt, provided it
does not infringe on the child’s privacy rights.
6. Approved by the Information Regulator
o A responsible party can process a child’s personal
information if the Information Regulator grants
authorization, after considering whether it aligns with
the Act’s protection principles.
Conclusion
Semester 1 2025; 100% correct solutions and explanations.
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 under the
Protection of Personal Information Act (POPIA)
The Protection of Personal Information Act (POPIA)
generally prohibits the processing of personal information of
children (anyone under 18 years) unless certain exceptions
apply. This is in line with the Act’s objective to safeguard
minors’ data due to their vulnerability.
Exceptions in Obtaining Information of Children under
POPIA:
1. Parental or Legal Guardian Consent
o A responsible party may process a child’s personal
information if explicit consent is obtained from the
child’s parent or legal guardian.
, o This ensures that the child’s privacy is protected and
that decisions are made in their best interest.
2. Legal Obligation
o If the processing of a child’s personal information is
required by law, it is permitted.
o Example: Schools collecting personal information of
learners for educational and administrative purposes.
3. For Historical, Statistical, or Research Purposes
o Information may be processed if it is for historical,
statistical, or research purposes, provided that it
serves a legitimate public interest and ensures the
anonymity of the child.
4. If It Is in the Best Interest of the Child
o If processing the child’s data is necessary to protect
their best interests, it may be allowed under POPIA.
o Example: Medical institutions collecting health
records for treatment purposes without parental
consent in emergency situations.
5. Journalistic, Literary, or Artistic Expression
o If the processing is for journalistic, literary, or
artistic expression, it may be exempt, provided it
does not infringe on the child’s privacy rights.
6. Approved by the Information Regulator
o A responsible party can process a child’s personal
information if the Information Regulator grants
authorization, after considering whether it aligns with
the Act’s protection principles.
Conclusion
