There is no such thing as a size-based exemption. Simply reasoning that the community scheme is small and does not really process personal information offers absolutely no exception from the law.
Any personal information, no matter the amount, needs to be protected at all times.
Resident records, visitor logs, CCTV footage, biometric information (regarded as special information), employee records, and contractor information all require protection.
This protection must mitigate any risks leading to the possibility of exposing residents, tenants, visitors, children, employees, and contractors to the possibility of extreme, irreparable damages caused by the negligence of assuming that the Gated Community is exempt from the POPIA & PAIA laws enforced by the Information Regulator.
Fines (up to R10 million), criminal penalties including imprisonment of 12 months, stretching as far as 10 years depending on the extent of the damages caused, civil claims for damages, reputational harm, and special levies incurred due to legal costs affecting the investment returns negatively IS DEFINITELY NOT WORTH IT.
POPIA / PAIA compliance can be overwhelming. However, appointing an Information Protection Professional to assist in safeguarding your Gated Community’s Personal Information comes at a price that just cannot be compared to the risks listed here.
Sense Business Systems supports businesses, community schemes, trusts, non-profits, and all types and forms of legal entities in various industries with tailored POPIA/PAIA solutions that are easy for you to take control of and have peace of mind.
