Q QUESTION
What recourse exist for data subjects
if they are subjected to automated
data processing?

• Data controller must be satisfied that parent or guardian
has parental Authority.
• Data controller then proceeds to process information.
These steps are relevant for manual data processing.

Q QUESTION

REPRESENTATION
OF DATA SUBJECT
WHO IS CHILD

Can the processing of data of minor
be only based on consent of parents,
or other exceptions can also apply?

56

Section 26 of the Act provides that processing of personal
and sensitive information of minors requires parental or
guardian consent or approval. This Section is very important
as most children are now having access to digital or internet
platforms which require that an individual indicate their age
or at least that they are not under 18 years. The data controller
must consider having tools that help to ascertain the age of
the user and that they are not under 18 years. The GDPR
recognises a child or minor is 16 years, however countries
can reduce that but not below 13 years for purposes of data
processing57. This is for purposes of assessing digital maturity
and attaining digital consent. The Authority must develop
additional guidance.

CONSIDERATION FOR
PROCESSING OF
CHILDREN PERSONAL
INFORMATION
• Data subject or user must confirm whether they are under
or over 18 years.
• If data subject or user is below 18, then platform or data
controller informs child that parental consent is need.
• User shares email address or contact details of the guardian
or parent.
• Data controller contacts parent or guardian who shares
consent or declines.

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M I S A

Z I M B A B W E

•

G U I D E

T O

T H E

REPRESENTATION OF
PHYSICALLY,
MENTALLY OR
LEGALLY
INCAPACITATED DATA
SUBJECTS
Under Section 27, the Act protects the processing of data of
individuals who are physically, mentally, or legally incapacitated.
In other words, these individuals may not be capable of
exercising their rights as provided in the Act. Individuals whose
incapacity has been medically proven by a qualified physician
may exercise such rights through parents or guardians as
provided by law or designated by court.

56

This section would have benefitted from referencing of other sections as grounds
for processing or alternatively framed as POPIA Section 35 providing for the
General authorisation concerning personal information of children.

57

GDPR Article 8 (1)-(3).

Z I M B A B W E A N

C Y B E R

A N D

D A T A

P R O T E C T I O N

A C T

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