party. In both mentioned cases, these interests must outweigh any interference with
privacy.
89
Section 38 on the other hand lists instances where the conditions may be
exempted for the purpose of discharging a relevant function which includes function:
of a public body or conferred on any person in terms of the law which is performed
with the view to protecting members of the public against fraudulent activities
generally.
90
4.1.3 Protection of Minors in the Context of Electronic Processing
The POPI Act, like the European Union (EU) Data Protection Regulation, makes a
special provision for the protection of children/minors. Section 34 as a general rule
provides that personal information concerning a child should not be processed.
However, section 35 gives conditions under which information of children may be
processed. The conditions are that processing of a child’s information can be carried
out: with the prior consent of a competent person; when necessary for the establishment of a right or obligation in law; when necessary to comply with an obligation in
public international law and for historical, statistical or research purposes.
91 The last
condition is where a child, with the consent of a competent person, has deliberately
made public his/her personal information.
92 According to the Act, a competent
person is “any person who is legally competent to consent to any action or decision
being taken in respect of any matter concerning a child”.
93
4.1.4 The Right to Erasure/Be Forgotten in Electronic Processing
of Personal Data
Unlike the EU Regulation, the POPI Act does not have an explicit right to be
forgotten. However, Section 24 of the Act grants a data subject a right to correct
or delete personal information in its possession or under its control if such information is, inter alia, inaccurate, irrelevant, excessive or out of date. A data subject may
also request to destroy or delete a record of personal data that a responsible party is
no longer authorized to retain in terms of section 14.
94 The request by the data
subject must be made in a prescribed form.
95
89 Section 37 of the POPI Act.
90 Section 38(2)(b) of the POPI Act.
91 Section 35(1) of the POPI Act.
92 Section 35(1) of the POPI Act.
93 Section 1 of the POPI Act.
94 Section 24 of the POPI Act.
95 Section 24(2) of the POPI Act. More on the prescribed format is also contained in Section 3 of the
Regulation Relating to the Protection of Personal Information Act 2017 made by the Information
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L. A. Abdulrauf
privacy.
89
Section 38 on the other hand lists instances where the conditions may be
exempted for the purpose of discharging a relevant function which includes function:
of a public body or conferred on any person in terms of the law which is performed
with the view to protecting members of the public against fraudulent activities
generally.
90
4.1.3 Protection of Minors in the Context of Electronic Processing
The POPI Act, like the European Union (EU) Data Protection Regulation, makes a
special provision for the protection of children/minors. Section 34 as a general rule
provides that personal information concerning a child should not be processed.
However, section 35 gives conditions under which information of children may be
processed. The conditions are that processing of a child’s information can be carried
out: with the prior consent of a competent person; when necessary for the establishment of a right or obligation in law; when necessary to comply with an obligation in
public international law and for historical, statistical or research purposes.
91 The last
condition is where a child, with the consent of a competent person, has deliberately
made public his/her personal information.
92 According to the Act, a competent
person is “any person who is legally competent to consent to any action or decision
being taken in respect of any matter concerning a child”.
93
4.1.4 The Right to Erasure/Be Forgotten in Electronic Processing
of Personal Data
Unlike the EU Regulation, the POPI Act does not have an explicit right to be
forgotten. However, Section 24 of the Act grants a data subject a right to correct
or delete personal information in its possession or under its control if such information is, inter alia, inaccurate, irrelevant, excessive or out of date. A data subject may
also request to destroy or delete a record of personal data that a responsible party is
no longer authorized to retain in terms of section 14.
94 The request by the data
subject must be made in a prescribed form.
95
89 Section 37 of the POPI Act.
90 Section 38(2)(b) of the POPI Act.
91 Section 35(1) of the POPI Act.
92 Section 35(1) of the POPI Act.
93 Section 1 of the POPI Act.
94 Section 24 of the POPI Act.
95 Section 24(2) of the POPI Act. More on the prescribed format is also contained in Section 3 of the
Regulation Relating to the Protection of Personal Information Act 2017 made by the Information
360
L. A. Abdulrauf