Who can give consent for a child, and can a 16 or 17-year-old player consent themselves?

POPIA says consent for a child's personal information must come from a competent person: "any person who is legally competent to consent to any action or decision being taken in respect of any matter concerning a child" (s1). Under the Children's Act (Act 38 of 2005, s18(3)(c)), a child's guardian (usually a parent) is the person who gives or refuses any consent required by law for the child.

A player under 18 is a "child" under POPIA: a natural person under 18 who is not legally competent to take decisions about themselves without the assistance of a competent person (s1). So a 16 or 17-year-old's own agreement is not enough on its own; you need the prior consent of a parent or guardian (s35(1)(a)).

Players' own posts: POPIA also allows processing of information that the child has deliberately made public with the consent of a competent person (s35(1)(e)). The Information Regulator gives the example of a child's information published on social media with a competent person's consent.

Sources: POPIA (Act 4 of 2013) ss 1, 35; Children's Act 38 of 2005 s18; Information Regulator, Guidance Note on Processing of Personal Information of Children (2021).