The POPI Act stringently regulates the processing of personal information of children, that is any person under the age of 18 years. Section 34 of the Act provides for a general prohibition against the processing of children’s information, while Section 35 provides a list of exceptions under which children’s information may be processed.
Section 35 provides that children’s information may only be processed on the basis of parental or a legal guardian’s consent, for purposes of establishing, exercising or in defence of a right or legal duty or for purposes of complying with international law; or lastly, for historical, statistical or research purposes. This, however, will be done if it is in the public interest and if it is necessary for a specific purpose and will also not adversely affect the minor involved.
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