I don’t think I need to be concerned about GDPR

by Readers Question

12:38 PM, 5th May 2018
About 8 months ago

I don’t think I need to be concerned about GDPR

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I don’t think I need to be concerned about GDPR

I don’t think I need to be concerned about GDPR, here’s why.

I live overseas and whilst my property rental business in the UK is a substantial one, I keep no records either written or electronically in regards to any of my tenants. The day to day liaison with tenants is all dealt with via my letting agent, who simply accounts to me the rental income for my properties.

Occasionally, if for example I need to replace white goods, then my letting agent will provide me with the contact details of my tenants to organise this. That is the only purpose for which I use that tenants data and it is then destroyed.

On this basis, do you agree that I should not concern myself with GDPR?



Comments

Puzzler

13:01 PM, 24th May 2018
About 7 months ago

No you are compliant and your letting agent needs to be too but any agent worth their salt will have done due diligence on this.

Pam Thompson

13:20 PM, 24th May 2018
About 7 months ago

I am a private landlord managing one property so do I need to worry about GDPR? If so, is there a link to documentation I need to provide my tenant with before the deadline tomorrow?

Mark Alexander

14:44 PM, 24th May 2018
About 7 months ago

Reply to the comment left by Puzzler at 24/05/2018 - 13:01
I disagree.

Providing the letting agent is compliant I think this is all that’s required in these particular circumstances, which are rather unusual but certainly not unique.

Why do you think the original poster is not compliant?

Ian Narbeth

15:41 PM, 24th May 2018
About 7 months ago

Reply to the comment left by Pam Thompson at 24/05/2018 - 13:20Pam, you have a legitimate interest in holding the current tenant's information and don't need their consent. You may also want to hold previous tenants' information for at least six years after they leave and possibly for ten years in case any legal issue comes up or the local authority enquire. Unless you are passing information on to third parties or are spamming people you probably don't have much to worry about.

Robert Mellors

17:37 PM, 24th May 2018
About 7 months ago

If you have any personal data about your tenants, at any time, and for however short a period of time, then you are a data controller and as such you need to comply with GDPR. I would suggest that you check on the ICO website for their definition of "personal data" and I am sure it will encompass data which you hold (even if only holding it temporarily).

I would also point out that you very likely hold personal data about other people as well, not just your tenants, e.g. the personal name of the person at the letting agents who is dealing with your properties for you, and you probably know some names of suppliers and contractors, not to mention details about individuals who subscribe to Property118 whose names, phone numbers, e-mail addresses, etc, you may have.

Robert Mellors

17:41 PM, 24th May 2018
About 7 months ago

Reply to the comment left by Pam Thompson at 24/05/2018 - 13:20
Hi Pam

My understanding is that even if you only have one tenant, and only have very basic details about them, then you will still be classed as a Data Controller handling personal data, and as such you should be registered with the ICO and you have to comply with GDPR, which includes providing your tenants with a copy of your Privacy Notice/Statement.

Robert Mellors

17:47 PM, 24th May 2018
About 7 months ago

Reply to the comment left by Ian Narbeth at 24/05/2018 - 15:41Hi Ian
I agree that Pam has a legitimate interest in holding the data and keeping it for as long as it is required, and she does not need specific consent from the tenant to do this, she is nevertheless a data controller and as such she should have carried out the necessary actions to ensure GDPR compliance.

Are you saying you do not think she is processing personal data (as defined by the ICO & GDPR)?
Or are you merely saying she does not need to worry because it is unlikely that anyone would issue a GDPR complaint against her?

Mark Alexander

17:48 PM, 24th May 2018
About 7 months ago

Reply to the comment left by Robert Mellors at 24/05/2018 - 17:37
Hi Robert

As you have referenced Property118 I can only assume your comment is directed at me or Neil Patterson. Property118 Limited is fully GDPR compliant and properly registered with ICO. It has to be for the tax consultation work we do as well as the running of the forums and other business related activities.

I am not the original poster, but my personal circumstances as a landlord are broadly similar to theirs. Naturally, I sought professional advice on GDPR for all of my business interests some time ago and I am entirely confident they are all fully compliant.

For smaller landlords like Pam, I take great comfort in the comments of Ian Narbeth, who is a London based Solicitor I have high regard for.

moneymanager

20:17 PM, 24th May 2018
About 7 months ago

Reply to the comment left by Robert Mellors at 24/05/2018 - 17:41
I agree.

moneymanager

20:21 PM, 24th May 2018
About 7 months ago

Reply to the comment left by Robert Mellors at 24/05/2018 - 17:47
Not sure about ten years though, I thought that seven was the max and just one for failed applications?

Incidentally, the "friendly" EU has apparently hired 50000 auditors to hunt down malcontent non compliants.

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