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LCR4805
Selected Private and Criminal Law Principles of the Internet
PORTFOLIO
MEMO
SEMESTER 2 – 2024 - UNISA
UNIQUE NUMBER: -
DUE DATE: - 21 OCTOBER 2024
Includes Footnotes and/or Bibliography.
PREVIEW
1.1 Aaron, a final year university student studying journalism, is doing his internship at Sunshine Newspaper in
Pretoria. The editor of the newspaper, John, requests Aaron to research and write an article on mental health
problems in South Africa. Aaron visits a mental health facility called Hope Facility which houses individuals who
suffer from different mental health problems. Aaron interviews one of the managers, Rodger, at the facility and
is provided with information regarding the race, gender, type of mental health problem, family history etc, of
the patients. Aaron informs Rodger that the interview is for educational purposes. Aaron is given permission to
see and talk to a few patients. Thereafter he concludes his visit and leaves the facility. Aaron writes a report and
includes all the personal information of the patients at this facility and the contents of his conversations with
the patients. John, the editor of the newspaper, is impressed with the article, and he decides to publish this
article in the Sunshine Newspaper.
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,QUESTION 1
NOTE THE CHOICE THAT YOU HAVE IN THIS QUESTION
(Please note that you have a CHOICE between Question 1.1 and Question 1.2. In other
words, you can do either Question 1.1 OR 1.2. Do not answer both.)
1.1 Aaron, a final year university student studying journalism, is doing his internship at
Sunshine Newspaper in Pretoria. The editor of the newspaper, John, requests Aaron to
research and write an article on mental health problems in South Africa. Aaron visits a
mental health facility called Hope Facility which houses individuals who suffer from
different mental health problems. Aaron interviews one of the managers, Rodger, at the
facility and is provided with information regarding the race, gender, type of mental
health problem, family history etc, of the patients. Aaron informs Rodger that the
interview is for educational purposes. Aaron is given permission to see and talk to a few
patients. Thereafter he concludes his visit and leaves the facility. Aaron writes a report
and includes all the personal information of the patients at this facility and the contents
of his conversations with the patients. John, the editor of the newspaper, is impressed
with the article, and he decides to publish this article in the Sunshine Newspaper.
(a) Can the above scenario be regarded as processing of personal information in terms
of the Protection of Personal Information Act (POPI), Act 4 of 2013? If it is, can it be
regarded as lawful processing of personal information? Discuss by referring to the POPI
Acts’ definition of “processing of personal information”. (10)
, (b) Would your answer in a) above change if Aaron collected and retained the
information from the mental facility without publishing the information in Sunshine
Newspaper? Substantiate your answer with reference to the applicable provisions of
the POPI Act. (7)
(c) Briefly explain what a data subject, operator and responsible party in terms of the
POPI Act are. In your answer you are expected to identify from the above scenario the
data subject, operator and responsible party. (8)
(d) What are the rights of the patients in terms of the POPI Act? (5) [30]
Your answer should not exceed 1500 words, which is about three typed pages. Note that
direct copying and pasting from sources will not be marked, and full references in the
Unisa required OSCOLA style should be included. OR
1.2 Section 39(1) (b) of the South African Constitution, 1996 gives recognition to
international law. You are required to identify and critically discuss some of the
international instruments dealing with data protection. In your answer, you are
expected to indicate in which cases South Africa is a signatory state to an international
instrument and how these international instruments have influenced the development
of the Protection of Personal Information Act (POPI) 4 of 2013 in South Africa. Your
answer should not exceed 1500 words, which is about three typed pages. Note that
direct copying and pasting from sources will not be marked, and full references in the
Unisa required OSCOLA style should be included. [30]
