The POPI Act / Sections / Section 36
Section 36
General
Chapter 4 · Exemptions
Processing of personal information is not in breach of a condition for the processing of such information if the— (a) Regulator grants an exemption in terms of section 37; or (b) processing is in accordance with section 38.
Source: justice.gov.za, Protection of Personal Information Act 4 of 2013 (official PDF), cross-checked verbatim before publishing.
Beyond the text
What this means for your estate
- This is the umbrella statement for the whole chapter, there are exactly two lawful routes to vary from a Condition otherwise: a case-by-case Regulator exemption (s.37) or the specific statutory carve-out for certain functions (s.38). There's no general “reasonable exception” beyond those two.
Relevant tool
In practice, most estates never need either route, PopiGuard's compliance programme is built to work within the standard eight conditions rather than relying on an exemption.