CML1501
ASSIGNMENT 2 SEMESTER 1 2026
UNIQUE NO.
DUE DATE: 31 MARCH 2026
, Communication Law - CML1501
CML1501 Assignment 2 – Semester 1 2026
Question 1 (10 marks)
Exceptions when obtaining information of children under POPIA
The Protection of Personal Information Act (Act 4 of 2013) regulates how personal
information is processed in South Africa. The Act provides specific protection for
children because they are considered vulnerable data subjects. Section 34 of the Act
generally prohibits the processing of personal information relating to children unless
certain exceptions apply (Protection of Personal Information Act 4 of 2013).
One exception is when consent is provided by a competent person, such as a
parent or legal guardian. In this situation, the responsible party may process the child’s
personal information because the competent person is legally allowed to act on behalf
of the child (Protection of Personal Information Act 4 of 2013).
Another exception occurs when the processing of the child’s personal information is
necessary for the establishment, exercise, or defence of a legal right or
obligation. For example, such information may be required during court proceedings or
legal disputes involving the child.
The Act also allows processing where it is necessary to comply with an obligation of
international public law. In some circumstances, South Africa may have international
legal obligations that require the collection or use of information about children.
Furthermore, the Act permits the processing of children’s information for historical,
statistical, or research purposes, provided that appropriate safeguards are
implemented to protect the identity and rights of the child.
Finally, personal information may be processed when it is in the public interest and
adequate safeguards are in place to protect the child’s privacy. These exceptions
ASSIGNMENT 2 SEMESTER 1 2026
UNIQUE NO.
DUE DATE: 31 MARCH 2026
, Communication Law - CML1501
CML1501 Assignment 2 – Semester 1 2026
Question 1 (10 marks)
Exceptions when obtaining information of children under POPIA
The Protection of Personal Information Act (Act 4 of 2013) regulates how personal
information is processed in South Africa. The Act provides specific protection for
children because they are considered vulnerable data subjects. Section 34 of the Act
generally prohibits the processing of personal information relating to children unless
certain exceptions apply (Protection of Personal Information Act 4 of 2013).
One exception is when consent is provided by a competent person, such as a
parent or legal guardian. In this situation, the responsible party may process the child’s
personal information because the competent person is legally allowed to act on behalf
of the child (Protection of Personal Information Act 4 of 2013).
Another exception occurs when the processing of the child’s personal information is
necessary for the establishment, exercise, or defence of a legal right or
obligation. For example, such information may be required during court proceedings or
legal disputes involving the child.
The Act also allows processing where it is necessary to comply with an obligation of
international public law. In some circumstances, South Africa may have international
legal obligations that require the collection or use of information about children.
Furthermore, the Act permits the processing of children’s information for historical,
statistical, or research purposes, provided that appropriate safeguards are
implemented to protect the identity and rights of the child.
Finally, personal information may be processed when it is in the public interest and
adequate safeguards are in place to protect the child’s privacy. These exceptions
