The Information Regulator has recently circulated a draft Own Initiative Code of Conduct on Gated Access (“the Draft Code”), which was introduced at a stakeholder engagement session arranged by the Information Regulator on 18 February 2026. Even though SAPOA was not invited to this stakeholder engagement session, it received a copy the Draft Code. Stakeholders were to provide written comment on the Draft Code to the Regulator by 4 March 2026. SAPOA similarly submitted comment on the Draft Code.
The Information Regulator indicated that it is developing the code in order to standardise access control practises, and to ensure compliance with the provisions of the Protection of Personal Information Act, 4 of 2013 (“POPIA”). The stated aim of the Draft Code is to not only establish a sector-specific framework for the responsible processing of personal information, but also to align practises with the requirements of POPIA.
SAPOA submitted comments on the Draft Code, highlighting a number of perceived misconceptions contained in the Draft Code, as well as highlighting the duties on a landlord and managing agent to ensure, to a reasonable extent, the safety and security of patrons to its property. Specific emphasis was placed on the duty of care owed by a landlord, as well as the fact that security operations are mostly outsourced to specialised contractors. SAPOA reserved it’s right to provide further and more detailed comment once a further draft of the code is formally published for public comment.
The Information Regulator has indicated that it intends considering the comments received from stakeholders in order to revise the Draft Code, whereafter a final draft will be formally published, in compliance with legislative requirements, for public comment. This period of public comment will probably be 30 days.
SAPOA will accordingly monitor the situation, and, once the further Draft Code is published, will submit comment thereon.
Members are invited to submit any issues which they deem relevant to further comments that may be submitted once the final Draft Code is published to ngopal@sapoa.org.za