Personal information may not be processed without consent unless any one of the factual scenarios in section 11 of POPIA is applicable. If any of the factual scenarios is present, consent is not needed. The factual scenarios include if:
1. it is required to conclude or perform the contract;
2. the party processing the information (the responsible party) is required to do so ‘by law’;
3. the processing protects a legitimate interest of the consumer;
4. the processing is necessary for the performance of a ‘public law duty’; or
5. it is done in pursuit of the legitimate interests of the responsible party.