POPIA — POPIA Guidance Note: Guidance Note on the Processing of Personal Information of Children (source: https://inforegulator.org.za/wp-content/uploads/2020/07/GuidanceNote-Processing-PersonalInformation-Children-20210628-1.pdf)
GUIDANCE NOTE ON PROCESSING
OF PERSONAL INFORMATION OF
CHILDREN
TABLE OF CONTENTS
1. DEFINITION ....................................................................................................................................... 3
2. INTRODUCTION ............................................................................................................................... 4
3. PURPOSE .......................................................................................................................................... 5
4. AUTHORISATION FOR PROCESSING OF PERSONAL INFORMATION OF CHILDREN 5
5. CONDITIONS THAT MAY BE IMPOSED BY THE REGULATOR IN RESPECT OF ANY
AUTHORISATION GRANTED ........................................................................................................ 7
6. MANNER OF SUBMISSION OF AN APPLICATION FOR AUTHORISATION TO
PROCESS PERSONAL INFORMATION OF CHILDREN ......................................................... 8
7. ACKNOWLEDGEMENT OF RECEIPT OF THE APPLICATION.............................................. 9
8. CONTACT DETAILS ........................................................................................................................ 9
APPLICATION FORM FOR AUTHORISATION TO PROCESS PERSONAL
INFORMATION OF CHILDREN ................................................................................................... 10
1. DEFINITION
1.1. “Child” means a natural person under the age of 18 years who is not legally
competent, without the assistance of a competent person, to take any action or
decision in respect of any matter concerning him or herself;
1.2. “Competent Person” means any person who is legally competent to consent to any
action or decision being taken in respect of any matter concerning a child;
1.3. “Consent” means any voluntary, specific and informed expression of will in terms of
which permission is given for the processing of personal information;
1.4. “De-identify”, in relation to personal information of a data subject, means to delete
any information that-
1.4.1. identifies the data subject;
1.4.2. can be used or manipulated by a reasonably foreseeable method to identify
the data subject; or
1.4.3. can be linked by a reasonably foreseeable method to other information that
identifies the data subject.
1.5 “Operator” means a person who processes personal information for a responsible
party in terms of a contract or mandate, without coming under the direct authority of
that party;
1.6 “Processing”, as defined in POPIA, means any operation or activity or any set of
operations, whether or not by automatic means, concerning personal information,
including-
1.6.1 the collection, receipt, recording, organisation, collation, storage, updating
or modification, retrieval, alteration, consultation or use;
1.6.2 dissemination by means of transmission, distribution or making available in
any other form; or
1.6.3 merging, linking, as well as restriction, degradation, erasure or destruction
of information;
1.7 “Responsible party’’ means a public or private body or any other person which,
alone or in conjunction with others, determines the purpose of and means for
processing personal information;
2. INTRODUCTION
2.1. A responsible party is, in terms of section 34 of POPIA, and subject to section 35(1)
of POPIA, prohibited from processing personal information of children.
2.2. The prohibition on processing of personal information of children, as referred to in
paragraph 2.1 above, does not apply if such processing is-
2.2.1. carried out with the prior consent of a competent person;
2.2.2. necessary for the establishment, exercise or defence of a right or obligation
in law;
2.2.3. necessary to comply with an obligation of international public law;
2.2.4. for historical, statistical or research purposes to the extent that-
2.2.4.1. the purpose serves a public interest and the processing is
necessary for the purpose concerned.
2.2.4.2. it appears to be impossible or would involve a disproportionate
effort to ask for consent, and sufficient guarantees are provided for
to ensure that the processing does not adversely affect the
individual privacy of the child to a disproportionate extent.
2.2.5. of personal information of children which has deliberately been
made public by the child with the consent of a competent person.
2.2.5.1. Reference to personal information made public may
include, for example, publication of personal
information of a child in social media, with the consent
of a competent person.
2.3 This document provides guidance only and the responsible parties are therefore
required to ensure compliance with the relevant provisions of POPIA. Any examples
provided in this Guidance Note are not exhaustive and should be regarded as mere
guidance to improve understanding.
3. PURPOSE
The purpose of this Guidance Note is to guide responsible parties who are required to
obtain authorisation from the Regulator to process personal information of children, as
provided for in section 35(2) of POPIA.
4. AUTHORISATION FOR PROCESSING OF PERSONAL INFORMATION OF CHILDREN
4.1. In terms of Section 35(2) of POPIA, the Regulator may, by notice in the Gazette,
authorise a responsible party to process personal information of children if the
Regulator is satisfied that the such processing is-
4.1.1. in the public interest; and
4.1.2. appropriate safeguards have been put in place to protect the personal
information of the child.
4.2. Public Interest
4.2.1 POPIA does not define what constitute public interest, in relation to the
processing of personal information of children.
4.2.2 Public interest is a wide and diverse concept that cannot, and should not,
be limited in its scope and application. The definition of what constitutes
public interest varies across jurisdictions and should be assessed on a
case-by-case basis. In its very basic formulation, public interest is the
notion that an action or process or outcome widely and generally benefits
the public at large (as opposed to a few or a single entity or person) and
should be accepted or pursued in the spirit of equality and justice.
4.3. Appropriate Safeguards
4.3.1. The responsible party is required, in terms of section 19(1) of POPIA, to
secure the integrity and confidentiality of personal information in its
possession or under its control by taking appropriate, reasonable technical
and organisational measures to prevent-
4.3.1.1. loss of, damage to or unauthorised destruction of personal
information; and
4.3.1.2. unlawful access to or processing of personal information.
4.3.2. In order to appropriately secure the integrity and confidentiality of personal
information of the child in its possession or under its control, the responsible
party must take reasonable measures to-
4.3.2.1. identify all reasonably foreseeable internal and external risks to
personal information in its possession or under its control;
4.3.2.2. establish and maintain appropriate safeguards against the risks
identified;
4.3.2.3. regularly verify that the safeguards are effectively implemented; and
4.3.2.4. ensure that the safeguards are continually updated in response to
new risks or deficiencies in previously implemented safeguards.
4.3.3. The responsible party must have due regard to generally accepted
information security practices and procedures which may apply to it generally
or be required in terms of specific industry or professional rules and
regulations.
5. CONDITIONS THAT MAY BE IMPOSED BY THE REGULATOR IN RESPECT OF ANY
AUTHORISATION GRANTED
5.1 If the Regulator is satisfied that the application for authorisation to process personal
information of children meet the requirements listed in paragraph 4.1 above, it may
impose reasonable conditions in respect of any authorisation granted, which
conditions will be decided on a case-by-case basis.
5.2 The conditions may include-
5.2.1 how a responsible party must-
5.2.1.1 upon request of a competent person, provide a reasonable means
for that person to-
5.2.1.1.1 review the processing of the personal information of
children; and
5.2.1.1.2 refuse to permit its further processing of personal
information of the child;
5.2.1.2 provide notice-
5.2.1.2.1 regarding the nature of the personal information of
children that is processed;
5.2.1.2.2 how such information is processed; and
5.2.1.2.3 regarding any further processing practices.
5.2.1.3 refrain from any action that is intended to encourage or persuade a
child to disclose more personal information about himself or herself
than is reasonably necessary given the purpose for which it is
intended; and
5.2.1.4 establish and maintain reasonable procedures to protect the
integrity and confidentiality of the personal information collected
from children.
6. MANNER OF SUBMISSION OF AN APPLICATION FOR AUTHORISATION TO
PROCESS PERSONAL INFORMATION OF CHILDREN
6.1 Applications for authorisation to process personal information of children must be
submitted to the Regulator through the following channels-
6.1.1 Email:
[email protected].
6.1.2 Postal: P.O Box 31533
Braamfontein
Johannesburg
2017
6.1.3 Hand delivery: JD House
27 Stiemens Street
Braamfontein
Johannesburg
2001
6.2 Due to the current pandemic (Covid-19), the Regulator recommends that
applications for authorisation to process personal information of children should be
submitted by email to limit the transmission of the virus. However, the Regulator will
accept applications in accordance with paragraphs 6.1.2 and 6.1.3 above.
7. ACKNOWLEDGEMENT OF RECEIPT OF THE APPLICATION
7.1 Once the application is received and recorded on the system of the Regulator, the
responsible party will receive an acknowledgement email or letter with a reference
number for the application.
7.2 If you are providing additional information to your application, please include the
application reference number to enable the Regulator to link the additional
information to the existing application.
8. CONTACT DETAILS
8.1 If after reading this Guide, the responsible party still requires help in completing the
authorisation application form, it may contact the Regulator’s Customer Service
Centre by email at:
[email protected].
8.2 Please note that the Regulator’s operating hours are from 08h30 to 17h00 Monday
to Friday only.
Issued by
INFORMATION REGULATOR
APPLICATION FORM FOR AUTHORISATION TO
PROCESS PERSONAL INFORMATION OF CHILDREN
NOTE: The personal information submitted herein shall be solely used for specific purposes of
authorisation applications submitted to the Information Regulator (“Regulator”) in terms of section
35(2) of the Protection of Personal Information Act 04 of 2013 (POPIA).
All the information submitted herein shall be used for the purpose stated above, as mandated by
POPIA. This Information may be disclosed to the public. The Regulator undertakes to secure the
integrity and confidentiality of personal information in its possession or under its control by taking
appropriate, reasonable technical and organisational measures to prevent loss of, damage to or
unauthorised destruction of personal information and unlawful access to or processing of personal
information of children.
PART A
RESPONSIBLE PARTY
Type of Body Public Body Private Body
Full Name of the Body
(Registered Name)
Trading Name (if any)
Registration No, if any
Full Name of
Information Officer
Information Officer’s
Registration Number, if
registered
Postal Address
(Official)
Physical Address
(Official)
Official Landline
Number
Official Cell Number
Official Fax Number
Official Email Address
Website, if any
PART B
PROCESSING OF PERSONAL INFORMATION OF CHILDREN
Please specify description of
the categories of personal
information of children or
categories of information
relating thereto, which the
responsible party intends to
process.
Please explain how the
processing of the specified
personal information of
children is in the public
interest.
Is the processing of the
personal information of
children in compliance with
the eight conditions for lawful
processing of personal
information?
If no, please confirm if an
exemption, in terms of section
37 of POPIA, has been granted
by the Regulator.
Please indicate if the
responsible party in the
Republic intends to transfer
personal information of
children to a third party who is
in a foreign country?
If so, please specify the name
of the foreign country.
Please specify the appropriate
security measures to be
implemented by the
responsible party to ensure
appropriate protection of the
personal information of the
children.
PART C
DECLARATION
I declare that the information contained herein is true, correct and accurate.
SIGNED and DATED at ________________on this the________day of _______________2021
_______________________
INFORMATION OFFICER
PART D
The following information is required for statistical purposes. Please select a sector(s) that apply to your body.
GOVERNMENT PUBLIC ENTITIES PRIVATE BODY PROFESSION
Item Classification of X Item Classification of a Public X Item Name of Industry or Sector X Item Type of profession X
Government Entity
National Government 1. Constitutional Entities 1 Education 1 Legal
Provincial Government 2. Schedule 2 Public Entity 2 Insurance 2 Built Environment
Local Government 3. Schedule 3A Public Entity 3 Health Facilities 3 Financial
4. Schedule 3B Public Entity 4 Telecommunications 4 Medical and Allied Health
LEGISLATURE Services
Parliament of the Republic of 5. Schedule 3C Public Entity 5 Pharmaceutical
South Africa
6 Media And Social Media
OTHERS, specify OTHERS, Specify
Gauteng Provincial Legislature 6. 7 Retail/Direct Marketing
Western Cape Provincial 8 Tourism 5.
Legislature
Northern Cape Provincial 9 Transportation, Storage and Logistics
Legislature
Limpopo Provincial Legislature 10 Manufacturing/Production
Northwest Provincial 11 Banks
Legislature
Free State Provincial 12 International Organizations
Legislature
Mpumalanga Provincial 13 Real Estate
Legislature
14 Credit Bureaus
15 Social Media
Eastern Cape Provincial
Legislature OTHERS, specify
Kwazulu-Natal Provincial
Legislature
Trespass Act, 1959
