Disclosing confidential tenant details to loss adjuster?

Disclosing confidential tenant details to loss adjuster?

9:55 AM, 21st June 2022, About A week ago 4

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My tenants, a family of about 4 years have absconded. They were 2 months in rent arrears, left the water on and there were other malicious damages. I am currently going through the Landlord Insurance claim.

It is a very slow process and the Loss adjuster is requesting so much information including the confidential ones and those that are data protected like IDs, credit references even the information of my employees and contractors.

Obviously, I cannot secure their agreements to disclose this information as the Tenants absconded, old contractors and old employees have moved on.

I have explained this, but he won’t stop demanding, What do I do?

It seems that my claim may not go through without releasing such information and I don’t want to be in breach of the data protection and confidential laws?

Many thanks

AKINS Properties



Comments

John Mac

11:38 AM, 21st June 2022, About A week ago

Check your AST there should be a section about how you handle data incl passing on Tenants details to 3rd parties for debt collection purposes.

A well written AST will allow you to give the details required to the loss adjuster.

psquared

12:00 PM, 21st June 2022, About A week ago

I wouldn’t worry about the fine. I complained to the ICO 9 months ago and not heard anything.
The fine if you ever got one which I think would be very unlikely..who is going to complain? Is tiny
This is not advice but if it was me I would happily provide the i formation and if amazingly there was a complaint about breach of gpdr write an apology.
In my opinion they are in likely to even contact you.

Ian Narbeth View Profile

12:48 PM, 21st June 2022, About A week ago

This is not formal advice but it appears to me you have a legitimate interest - see e.g.
https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/legitimate-interests/what-is-the-legitimate-interests-basis/
Purpose test – is there a legitimate interest behind the processing? Yes, you are a landlord making a claim.
Necessity test – is the processing necessary for that purpose? Yes, the insurers require it and the claim will fail unless you provide the information.
Balancing test – is the legitimate interest overridden by the individual’s interests, rights or freedoms? No, the tenants are in serious breach of contract/ liable for damages and it is reasonable for you to disclose their information

David

19:20 PM, 26th June 2022, About 4 days ago

Your GDPR privacy notice should include mention of your insurer(s) as those you will share tenant information with.

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