CML1501
Assignment 2
Semester 2
DUE 10 September 2025
, ASSIGNMENT 2
SEMESTER 2
Question 1:
POPI Act – Exceptions in obtaining children’s information
The Protection of Personal Information Act (POPIA) regards children as a special group
whose personal data should be handled with heightened caution. Section 35 sets a
general prohibition on processing the personal details of children unless consent has
been obtained from a parent, guardian, or another legally competent person. However,
this prohibition is not absolute. The Act provides several exceptions where such
information may lawfully be processed. For instance, children’s data may be processed
if it is essential for exercising, defending, or establishing a legal right or obligation.
Another exception exists where the information is required to meet a duty imposed by
law. Processing is also allowed for research, statistical, or historical purposes, but only
when it is in the public interest and sufficient steps are taken to protect the child’s
identity and privacy. Additionally, if the information has already been intentionally made
public by the child with the consent of a competent person, it may be processed. These
exceptions ensure that while the privacy of children remains safeguarded, legitimate
legal, academic, and public interest needs are still accommodated.
Question 2:
Print Media and Another v Minister of Home Affairs and the FPB (2012)
In the case of Print Media South Africa and Another v Minister of Home Affairs and the
Film and Publication Board (2012), the Constitutional Court considered whether certain
provisions of the Films and Publications Act were consistent with the Constitution.
Assignment 2
Semester 2
DUE 10 September 2025
, ASSIGNMENT 2
SEMESTER 2
Question 1:
POPI Act – Exceptions in obtaining children’s information
The Protection of Personal Information Act (POPIA) regards children as a special group
whose personal data should be handled with heightened caution. Section 35 sets a
general prohibition on processing the personal details of children unless consent has
been obtained from a parent, guardian, or another legally competent person. However,
this prohibition is not absolute. The Act provides several exceptions where such
information may lawfully be processed. For instance, children’s data may be processed
if it is essential for exercising, defending, or establishing a legal right or obligation.
Another exception exists where the information is required to meet a duty imposed by
law. Processing is also allowed for research, statistical, or historical purposes, but only
when it is in the public interest and sufficient steps are taken to protect the child’s
identity and privacy. Additionally, if the information has already been intentionally made
public by the child with the consent of a competent person, it may be processed. These
exceptions ensure that while the privacy of children remains safeguarded, legitimate
legal, academic, and public interest needs are still accommodated.
Question 2:
Print Media and Another v Minister of Home Affairs and the FPB (2012)
In the case of Print Media South Africa and Another v Minister of Home Affairs and the
Film and Publication Board (2012), the Constitutional Court considered whether certain
provisions of the Films and Publications Act were consistent with the Constitution.
