ARTICLE · 22 JANUARY 2025

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AI And Consent: Obtaining Valid Consent For Data Processing Under POPIA

Andersen in South Africa

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The Protection of Personal Information Act, 4 of 2013 (POPIA) is South Africa's cornerstone for regulating how personal information is collected, stored and processed. As AI technologies continue to evolvel.

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The Protection of Personal Information Act, 4 of 2013 (POPIA) is South Africa's cornerstone for regulating how personal information is collected, stored and processed. As AI technologies continue to evolve, they present unique challenges for compliance with POPIA, particularly concerning informed consent. This article examines the nuances of obtaining valid consent in the context of AI and highlights important considerations for businesses operating in South Africa.

The Legal Framework: Informed Consent under POPIA

POPIA mandates that personal information must be processed lawfully and transparently, with the data subject's consent forming a key legal basis for such processing. For consent to be valid under POPIA (as within the framework of the defined term "consent" in section 1 of POPIA), it must be:

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