In today’s digital age, children’s personal information is increasingly stored and processed by schools, medical providers, government institutions, and even extracurricular organisations. While the Protection of Personal Information Act (POPIA) is designed to safeguard all personal information, many parents are unsure of their rights when it comes to accessing information about their children.
What does POPIA say about children’s information?
POPIA recognises children as a particularly vulnerable group and provides special protection for their personal information. Organisations that collect, store, or process information relating to a child must ensure that it is done lawfully, with proper safeguards in place. This includes:
- Medical records
- Educational reports and school records
- Disciplinary files
- Information stored by clubs, sports teams, or religious organisations
Because children cannot legally consent to the processing of their own information, parents or legal guardians hold the authority to do so on their behalf.
Parents’ rights to access information
As a parent or legal guardian, you typically have the right to access your child’s personal information held by institutions. This is especially important when making decisions in the best interests of the child. For example, you may need:
- School reports to track academic progress
- Medical records to ensure proper healthcare
- Disciplinary information to intervene early if issues arise
However, access is not always automatic. If parents are separated or divorced, disputes may arise about who can access certain records. In such cases, institutions often request proof of guardianship or parental rights and responsibilities before releasing information.
When access becomes complicated
There are situations where parental access may be restricted or challenged:
- Court orders limiting a parent’s contact or rights
- Protection orders where disclosure could place the child at risk
- Disputes between parents about custody and decision-making
In these circumstances, institutions must balance POPIA compliance with the Children’s Act, which prioritises the best interests of the child.
How A De Bruyn Attorneys can help
At A de Bruyn Attorneys, we assist parents and guardians in navigating the intersection between POPIA and family law. Whether you are:
- Struggling to gain access to your child’s records,
- Facing resistance from schools, doctors, or other institutions, or
- Unsure of your rights under a custody or parenting plan,
our team can provide expert guidance and, if necessary, take legal steps to ensure your rights — and your child’s best interests — are protected.