Are gated complexes scanning visitor's IDs an invasion of privacy?

Is it legal for gated complexes to insist on your ID and driver’s license being scanned to gain access to a housing complex or office park?

And what happens to that information and what are the risks of them having this information?

Listeners have asked these questions, and CapeTalk's John Maytham speaks to attorney and director at PPM Attorneys Lucien Pierce about the legalities involved.

Is the security guard at the gates of a complex or office park entitled to ask me to hand over my driver's licence and make a copy of it, asks John?

Pierce says that the Protection of Private Information Act (Popi Act) has not yet come into effect.

Until it comes into place, you are basically at the mercy of whatever rules are of that particular estate. So, when you arrive, if they have a right of admission policy, and they want you to hand it over, you're going to hand it over.

Lucien Pierce, Attorney and director PPM Attorneys

Once you have handed over all your personal information, you have a right to inquire what will happen to it and be assured it is not going to end up in some place that is going to get you into trouble.

Lucien Pierce, Attorney and director PPM Attorneys

He explains that there are two rights competing in this scenario.

The first is the right of the estate to ensure its residents are secure....but you knowing what happens to your information is also a very serious concern. It could end up in some huge database.

Lucien Pierce, Attorney and director PPM Attorneys

Once Popi becomes law, you will have greater power to ensure that your information is kept safe - and will have a right to know when the information will be deleted.

Take a listen:


Recommended

by NEWSROOM AI

CapeTalk welcomes all comments that are constructive, contribute to discussions in a meaningful manner and take stories forward.

However, we will NOT condone the following:

  • Racism (including offensive comments based on ethnicity and nationality)
  • Sexism
  • Homophobia
  • Religious intolerance
  • Cyber bullying
  • Hate speech
  • Derogatory language
  • Comments inciting violence.

We ask that your comments remain relevant to the articles they appear on and do not include general banter or conversation as this dilutes the effectiveness of the comments section.

We strive to make the CapeTalk community a safe and welcoming space for all.

CapeTalk reserves the right to: 1) remove any comments that do not follow the above guidelines; and, 2) ban users who repeatedly infringe the rules.

Should you find any comments upsetting or offensive you can also flag them and we will assess it against our guidelines.

CapeTalk is constantly reviewing its comments policy in order to create an environment conducive to constructive conversations.

Read More
[LISTEN] John Maytham's Book Review: murder, dilettantes and Jihad

[LISTEN] John Maytham's Book Review: murder, dilettantes and Jihad

John's three book picks for the week.

Research probes citizens views on Cape water crisis

Research probes citizens views on Cape water crisis

The Global Water Leaders Group will present preliminary results of a study evaluating Cape Town's water crisis.

Treat your personal data like cash (because that's what it is)

Treat your personal data like cash (because that's what it is)

You can't be 100% safe online, but you can be safer than you are now.

Can banks share personal information without consent?

Can banks share personal information without consent?

Following claims by Travelstart that banks share clients personal info, we find out what the law says about this.

Privacy - what the internet gives, the internet may also take away

Privacy - what the internet gives, the internet may also take away

Almost all parts of our lives involve the internet. That level of sharing may have a negative consequence for privacy.

What is the POPI Act and how would it protect us from cyber attacks?

What is the POPI Act and how would it protect us from cyber attacks?

Following cyber attacks on FNB, the Gautrain and others, John Robbie interrogates this act.

Popular articles
Why are African teams under performing in the 2018 World Cup?

Why are African teams under performing in the 2018 World Cup?

With only five teams in the World Cup, Africa's performance hasn't exactly been memorable, so what could be the problem?

[Listen] Local hero saves family from fire

[Listen] Local hero saves family from fire

A CapeTalk listener shares the story of a young man who saved a family of five from a burning house.

Woman exposed for calling fellow aircraft passengers the K-word

Woman exposed for calling fellow aircraft passengers the K-word

Reverend Solomuzi Mabuza says he is considering laying charges against the woman for calling him a ka***r.

What business is Nomgcobo Jiba doing at NPA offices?

What business is Nomgcobo Jiba doing at NPA offices?

Freedom Under Law is demanding an explanation from the NPA after Jiba was spotted at their offices, defying a court order.

Hate plastic? Grocer Nude Foods doesn’t have any of it! It’s also cheaper…

Hate plastic? Grocer Nude Foods doesn’t have any of it! It’s also cheaper…

The concept is not new, or a hipster fad. The Money Show’s Bruce Whitfield interviews Nude Foods founder Paul Rubin.

Why Ethiopian Airlines (not SAA) is Africa's biggest and best airline

Why Ethiopian Airlines (not SAA) is Africa's biggest and best airline

State-owned (but not managed) Ethiopian Airlines is profitable. Bruce Whitfield interviews Africa correspondent Lee Kasumba.

Willemse will take Supersport to Equality Court over walk-out findings

Willemse will take Supersport to Equality Court over walk-out findings

On Tuesday, SuperSport released the findings of an investigation by Advocate Vincent Maleka.

You aren't legally entitled to an annual increase (and why your contract is key)

You aren't legally entitled to an annual increase (and why your contract is key)

Employment law litigator Joe Mothibi explains that an annual increase is not a given unless stated otherwise in the job contract.

Callers ask what will happen to Ashwin Willemse after MultiChoice findings

Callers ask what will happen to Ashwin Willemse after MultiChoice findings

On Tuesday SuperSport and Multichoice's said there was no evidence of racism following an investigation into the incident in May.

LISTEN: What's AfriForum's private prosecution attempt against Jiba about?

LISTEN: What's AfriForum's private prosecution attempt against Jiba about?

AfriForum's Kallie Kriel says Jiba abused her position to fabricate a case against former KZN Hawks head General Johan Booysen.