Duty LXD-6353
Serves under-18s, in South Africa
Protection of Personal Information Act, special personal information and childrensince 4 lines
POPIA, ss. 26-35 (special personal information and children) · Read the law's page
- Do not process special personal information, including a person's biometric information, health, race, or political persuasion, unless a listed ground under sections 27 to 33 applies.
- Do not process a child's personal information unless a competent person has given prior consent, another listed ground in section 35(1) applies, or the Information Regulator has authorised the processing as being in the public interest with appropriate safeguards.
- Where you rely on a special-category authorisation for a data subject's religious belief, trade union membership, or political persuasion, do not supply that information to a third party without the data subject's consent.
- Only process a data subject's biometric information or record of criminal behaviour where you are a body charged with applying criminal law or you obtained the information lawfully, and put appropriate safeguards in place before relying on any special personal information exception.