Sharing personal information at security checkpoints in community schemes

Understanding your rights and privacy

Many of us have been asked to present our driver’s license when entering a gated community or complex to visit family, friends, or conduct business. While this may seem like a routine request, have you ever stopped to wonder why a driver’s license is required instead of an identity document (ID)? The answer goes beyond security and access control and understanding the legalities surrounding this practice can help you navigate these situations more confidently. This article explores your rights when sharing personal information in such contexts and the impact of data privacy laws on these processes.

In many community schemes, roads, parking areas, and other spaces are private property managed by the governing body of the scheme. These areas are considered part of the common property and are governed by rules set by the association, typically overseen by trustees or directors. One common rule is that only licensed drivers are allowed to use the roads and drive roadworthy vehicles, while also adhering to speed limits and other safety measures. These rules are designed to ensure the safety of residents and pedestrians, mitigate the risk of accidents, and reduce the potential for liability claims. By requesting a driver’s license rather than an ID, security personnel can more effectively enforce these safety regulations, ensuring that only qualified individuals are allowed access to the complex.

However, when it comes to personal information collection, the Protection of Personal Information Act (POPIA) plays a crucial role in safeguarding your privacy. POPIA requires associations and their service providers to handle your personal data—such as ID numbers, names, vehicle registrations, and photographs—securely and responsibly. The aim of POPIA is to protect individuals’ rights to privacy and prevent the misuse, unauthorised access, or unlawful disclosure of personal information.

Under POPIA, organisations must implement robust security measures to protect personal data from breaches. This includes outlining how personal information is collected, stored, and used. For example, visitor data should be deleted once they leave the premises, while biometric data for regular residents may be stored for ongoing access. Importantly, individuals have the right to object to the processing of their personal data, inquire about how it will be used, and decide whether to share it. However, refusing to provide this information may result in being denied access to the premises, as security protocols are in place to ensure the safety of the community.

Concerns regarding the over-processing of personal data in gated communities have been raised by the Information Regulator (IR), especially in relation to the potential risk of identity theft if data is improperly handled. As security measures continue to evolve, it is essential to strike a balance between protecting privacy and ensuring community safety.

Next time you’re asked for your ID or driver’s license at a security checkpoint, remember your rights under POPIA. You have the right to ask how your personal information will be used and stored. While you may choose not to disclose it, be mindful that this could affect your ability to enter the premises.

If you are interested in seeking our legal advice on the above matter, please email info@tvdmconsutlants.com or contact 061 536 3138 today!

Meet the Author

Rizaar Smidt is a Community Schemes Consultant at TVDM Consultants, to read more about Rizaar, click here.

Disclaimer: This article is the personal opinion/view of the author(s) and is not necessarily that of TVDM Consultants. The content herein is for information purpose only, and should not be seen as an exact or complete exposition of the law. Accordingly, no reliance should be placed on the content for any reason whatsoever, and no action should be taken on the basis thereof unless the application and accuracy has been confirmed by a legal advisor. TVDM Consultants and the author(s) cannot be held liable for any prejudice or damage resulting from action taken on the basis of this content.