CML1501 Assignment 2 Semester 2 Due 10 September 2025 | ANSWERS

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

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,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) of South Africa generally prohibits the
processing of a child's personal information. However, there are specific, limited exceptions that
allow a responsible party to do so. A "child" under POPIA is a person under 18 who is not
legally competent to make their own decisions.



POPIA Exceptions for Processing Children's Information 🧒

A responsible party can process a child's personal information without violating POPIA if one of
the following conditions is met:

 Prior Consent: Processing is carried out with the prior consent of a competent person.
A competent person is typically the child's parent, guardian, or any person legally
competent to consent on the child's behalf. This is the most common and straightforward
exception.
 Legal Obligation: Processing is necessary for the establishment, exercise, or defense
of a right or obligation in law. This means the processing is required by law, such as a
school needing to process a child's personal information to fulfill its legal duties to
provide education.

,  International Public Law: Processing is necessary to comply with an obligation of
international public law. This applies to situations governed by international
agreements or treaties.
 Publicly Available Information: The information has been deliberately made public
by the child with the consent of a competent person. An example is a parent allowing
their child to post on social media and the child then makes their personal information
public.
 Historical, Statistical, or Research Purposes: The processing is for historical,
statistical, or research purposes. However, this exception has additional requirements:
o The purpose must serve a public interest.
o The processing must be necessary for that purpose.
o It must be impossible or a disproportionate effort to get consent from a
competent person.
o Sufficient safeguards must be in place to ensure the processing does not have a
disproportionately negative effect on the child's individual privacy.



The Role of the Information Regulator

In addition to the above exceptions, the Information Regulator, South Africa's data protection
authority, can authorize a responsible party to process a child's personal information if it is
satisfied that the processing is:

 In the public interest.
 The responsible party has implemented appropriate safeguards to protect the child's
personal information.

This provides an additional, but less common, avenue for processing children's data when it
serves a broader public good.




The POPI Act and Children’s Information

The Protection of Personal Information Act 4 of 2013 (POPIA) classifies children’s personal
information (anyone under 18) as “special personal information”, meaning it is subject to
stricter protection.

 General Rule: Processing a child’s personal information is prohibited unless specific
exceptions apply (section 35).
 Reason: Children are vulnerable and may not fully understand the consequences of their
information being collected and processed.