INFORMATION REGULATOR: INPUT SOUGHT ON GATED ACCESS-RELATED DRAFT CODE OF CONDUCT
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06 May 2026
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POPIA
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SA Legal Academy
The Information Regulator has called for input by 14 May 2026 on a draft code of conduct apparently made available well after the notice concerned was gazetted. Focusing on the requirements associated with accessing a gated property, once in force the proposed new code of conduct will apply to:
- ‘any public or private body that determines the purpose and means of processing personal information at ... gated accesses where appropriate’, and
- those responsible for enforcing it.
This is noting that the procedures followed when a data subject seeks to enter a gated property usually entail providing and processing personal information. However, research conducted by the Information Regulator has uncovered:
- the widespread use of ‘access control practices of an intrusive nature, including the processing of biometric information’
- the collection of information deemed ‘excessive, not relevant and not limited to what is necessary in relation to the purpose for which it is processed’, and
- processing that ‘does not afford data subjects a reasonable opportunity to object … or to request further particulars’ in the context of 2013 Protection of Personal Information Act prescripts.
Please click the links below for mor details:
- draft code of conduct (published by the Parliamentary Monitoring Group)
- Government Gazette notice
Published by SA Legal Academy Policy Watch
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