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Law / Botswana

Data Protection Act, 2024, sensitive personal data and children's data

Data Protection Act, 2024 (Act No. 18 of 2024), s. 29, Part VI (ss. 30-33)

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In force since 14 January 2025.

A sensitive categories rule binding public and private bodies.

As of 19 September 2026.

What it requires

  • Obtain consent given or authorised by a parent or a person with parental duties over a child under sixteen before processing that child's personal data for an information-society service offered directly to them; a child who is sixteen may consent themselves.
  • Do not process racial or ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership, genetic data, biometric data used to uniquely identify a person, health data, or data concerning sex life or sexual orientation, unless a listed exception applies, such as the data subject's explicit consent or data the person has manifestly made public.
  • Process personal data relating to a person's criminal convictions or offences only under the control of a public authority, or under a law that provides appropriate safeguards.

What it reaches

Obligation class

Consent, Biometric

What this law does

Drafted with AI from the cited sources under the direction of UnGovr staff. UnGovr holds editorial responsibility for this page.

Section 29 makes processing of a child's personal data for an information-society service offered directly to them lawful only where a parent or a person with parental duties over the child has given or authorised consent, except that a child who is sixteen years of age may consent themselves.

Section 30(1) prohibits processing personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade-union membership, and prohibits processing genetic data, biometric data used to uniquely identify a person, health data, or data concerning a person's sex life or sexual orientation, subject to the exceptions listed in section 30(2), including the data subject's explicit consent and data the data subject has manifestly made public.

Section 32 confines processing of personal data relating to criminal convictions and offences to control by a public authority, or to processing authorised by a law that provides appropriate safeguards.

When LexLint raises it

  • crawls_web
  • trains_models
  • processes_biometrics
  • processes_voice
  • serves_minors

Read the law

Data Protection Act
2024, Government Gazette Extraordinary Vol. LXII, No. 144 of 29 October 2024, reproduced by dpo-india.com, with the commencement day from the Botswana Laws bulletin entry for the Act

Every line above is drawn from the primary source linked here, read on the date shown. This is a research summary, not legal advice.

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