,CML1501 Assignment 2 (COMPLETE ANSWERS) 2025-DUE 10
September 2025; 100% trusted ,comprehensive and complete
reliable solution with clear explanation.
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.
Question 1: Exceptions in obtaining information of children under
POPIA (10 marks)
The Protection of Personal Information Act (POPIA) aims to protect
the personal information of all individuals, including children. Section
71 of POPIA specifically addresses the processing of children’s personal
information. Under this law, a child is defined as a person under the age
of 18. As a general rule, personal information of a child may only be
collected from the child if the child is capable of understanding the
implications of providing such information.
However, there are exceptions where personal information of a child
may be obtained without direct consent from the child:
Exceptions in obtaining information of children under POPIA
1. Parental or legal guardian consent:
When a child is not capable of understanding the consequences of
giving their personal information, POPIA requires that a parent or
, legal guardian provide consent. This ensures that the child’s rights
are protected and that their information is not misused. The law
recognizes that children may lack the maturity to make informed
decisions about their personal data. By involving a parent or
guardian, the child’s privacy is safeguarded while still allowing
necessary information to be collected. This consent must be
explicit and recorded. Institutions, such as schools or healthcare
providers, often rely on this exception when enrolling or treating
children. Without this exception, children would be unable to
access essential services.
2. Necessary for performing contractual obligations:
Sometimes, personal information of a child needs to be processed
to fulfill a legal or contractual obligation. For example, when a
child is enrolling in a school, signing up for sports programs, or
receiving medical treatment, certain information is required.
POPIA allows this processing even if the child cannot consent,
provided it is necessary for the contract. The parent or guardian
usually enters into the contract on behalf of the child. This ensures
that the child can access services without violating privacy laws.
The focus is on ensuring lawful and fair processing. Organizations
must limit data collection strictly to what is needed.
3. Necessary for compliance with legal obligations:
There are situations where laws or regulations require the
collection of children’s personal information. For instance,
government agencies or schools may need to maintain records of
children for compulsory education or health reporting. POPIA
permits processing in such cases, even without direct consent from
the child. The law ensures that necessary legal obligations are met
while still protecting the child’s privacy. Organizations must
ensure that the data is used only for the specified legal purpose.
September 2025; 100% trusted ,comprehensive and complete
reliable solution with clear explanation.
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.
Question 1: Exceptions in obtaining information of children under
POPIA (10 marks)
The Protection of Personal Information Act (POPIA) aims to protect
the personal information of all individuals, including children. Section
71 of POPIA specifically addresses the processing of children’s personal
information. Under this law, a child is defined as a person under the age
of 18. As a general rule, personal information of a child may only be
collected from the child if the child is capable of understanding the
implications of providing such information.
However, there are exceptions where personal information of a child
may be obtained without direct consent from the child:
Exceptions in obtaining information of children under POPIA
1. Parental or legal guardian consent:
When a child is not capable of understanding the consequences of
giving their personal information, POPIA requires that a parent or
, legal guardian provide consent. This ensures that the child’s rights
are protected and that their information is not misused. The law
recognizes that children may lack the maturity to make informed
decisions about their personal data. By involving a parent or
guardian, the child’s privacy is safeguarded while still allowing
necessary information to be collected. This consent must be
explicit and recorded. Institutions, such as schools or healthcare
providers, often rely on this exception when enrolling or treating
children. Without this exception, children would be unable to
access essential services.
2. Necessary for performing contractual obligations:
Sometimes, personal information of a child needs to be processed
to fulfill a legal or contractual obligation. For example, when a
child is enrolling in a school, signing up for sports programs, or
receiving medical treatment, certain information is required.
POPIA allows this processing even if the child cannot consent,
provided it is necessary for the contract. The parent or guardian
usually enters into the contract on behalf of the child. This ensures
that the child can access services without violating privacy laws.
The focus is on ensuring lawful and fair processing. Organizations
must limit data collection strictly to what is needed.
3. Necessary for compliance with legal obligations:
There are situations where laws or regulations require the
collection of children’s personal information. For instance,
government agencies or schools may need to maintain records of
children for compulsory education or health reporting. POPIA
permits processing in such cases, even without direct consent from
the child. The law ensures that necessary legal obligations are met
while still protecting the child’s privacy. Organizations must
ensure that the data is used only for the specified legal purpose.
