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.

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