, PLEASE USE THIS DOCUMENT AS A GUIDE TO ANSWERS YOUR ASSIGNMENTS
CML1501 ASSIGNMENT 2 SEMESTER 1 2026
MEMO
DUE DATE: 31 MARCH 2026
Question 1:
Exceptions in Obtaining Information of Children in terms of the POPI Act
The Protection of Personal Information Act 4 of 2013 (POPIA) establishes a comprehensive legal
framework for the protection of personal information in South Africa. The Act recognises that children
are particularly vulnerable data subjects and therefore imposes stricter conditions on the processing of
their personal information. Section 34 of the Act generally prohibits the processing of personal
information relating to a child unless the processing is carried out with the prior consent of a competent
person, such as a parent or legal guardian. However, the Act also provides several statutory exceptions
that allow the processing of a child’s personal information under specific circumstances where such
processing is considered lawful and necessary.
One important exception arises where the processing of a child’s personal information is necessary for
the establishment, exercise or defence of a legal right or obligation. In this situation, the responsible
party may process the information without obtaining consent from a parent or guardian if the
information is required for legal proceedings or to enforce a legal duty. This ensures that the strict
protection of children’s personal data does not interfere with the proper administration of justice or
prevent institutions from fulfilling their legal obligations. For example, courts, legal representatives and
regulatory bodies may process personal information relating to minors when handling legal disputes,
safeguarding children’s rights or enforcing statutory obligations (Protection of Personal Information
Act 4 of 2013 s 35).
CML1501 ASSIGNMENT 2 SEMESTER 1 2026
MEMO
DUE DATE: 31 MARCH 2026
Question 1:
Exceptions in Obtaining Information of Children in terms of the POPI Act
The Protection of Personal Information Act 4 of 2013 (POPIA) establishes a comprehensive legal
framework for the protection of personal information in South Africa. The Act recognises that children
are particularly vulnerable data subjects and therefore imposes stricter conditions on the processing of
their personal information. Section 34 of the Act generally prohibits the processing of personal
information relating to a child unless the processing is carried out with the prior consent of a competent
person, such as a parent or legal guardian. However, the Act also provides several statutory exceptions
that allow the processing of a child’s personal information under specific circumstances where such
processing is considered lawful and necessary.
One important exception arises where the processing of a child’s personal information is necessary for
the establishment, exercise or defence of a legal right or obligation. In this situation, the responsible
party may process the information without obtaining consent from a parent or guardian if the
information is required for legal proceedings or to enforce a legal duty. This ensures that the strict
protection of children’s personal data does not interfere with the proper administration of justice or
prevent institutions from fulfilling their legal obligations. For example, courts, legal representatives and
regulatory bodies may process personal information relating to minors when handling legal disputes,
safeguarding children’s rights or enforcing statutory obligations (Protection of Personal Information
Act 4 of 2013 s 35).
