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

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

12:38 PM, 5th May 2018, About 6 years ago 104

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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?


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Comments

Dennis Leverett

12:37 PM, 25th May 2018, About 6 years ago

Reply to the comment left by Robert Mellors at 25/05/2018 - 12:14
Hi Robert
Apparently it states quite clearly on the web site what the exemptions are, I haven't checked this out as it's currently down but certainly will. It seems I fall exactly within some of the exemptions. I initially thought I would have to register but I did two different self assessment's some time ago, both ICO, and one said yes and one said no with same answers!!! hence asking my knowledgeable friend. Perhaps it's a grey area. As a Landlord apparently because I share info with trades people and other business's such as insurers and have more than basic personal info, I have to register.

Robert M

12:46 PM, 25th May 2018, About 6 years ago

Reply to the comment left by Dennis Leverett at 25/05/2018 - 12:37
I think ALL of GDPR is a grey area, which is why there are so many different interpretations of the rules, and it is so confusing. Some people are sticking their heads in the sand and ignoring it, some are doing their own thing and perhaps issuing a short privacy notice but not really doing anything else, and some are taking it serious and doing as much as possible to ensure compliance (taking a "belt and braces approach, and dotting the i's and crossing the t's).

Dennis Leverett

12:55 PM, 25th May 2018, About 6 years ago

Reply to the comment left by Robert Mellors at 25/05/2018 - 12:46
Hi Robert
Out of interest whats your take on the exemptions.

Robert M

13:11 PM, 25th May 2018, About 6 years ago

Reply to the comment left by Dennis Leverett at 25/05/2018 - 12:55The exemptions listed by the ICO are things like "national security", so I don't think these apply to landlords, or most other businesses.
A useful page (among dozens) on the ICO website is:
https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/key-definitions/what-is-personal-data/
as I think this will make it clear that just about any business that has an individual's personal data (defined on this ICO webpage) is required to register and be GDPR compliant.
There is a Guide to the Data Protection Fee which has some exceptions and this can be a bit misleading because it is not worded very clearly, but it only applies to the payment of the registration fee, it is not the determining guide to whether a business needs to register (only whether they have to pay a fee to register).

Mike

13:25 PM, 25th May 2018, About 6 years ago

I need my data protected before I will register, I am not refusing to register, but ICO are themselves not complying with my personal data protection, they have no right to publish my details on a public register, I am not a company but an individual.
Any one can give me a good reason why they need a public register, if someone does make a complaint about my handling of their personal data, they should be able to provide to ICO a few of my details since anyone who suspects that I have breached their personal data would know who I am and where I live otr operate from, and my email and telephone number so all they need to do is to contact ICO with my details and then ICO can check my details against their record of all registered individuals and companies and take it from there, why do they need a public register which exposes my personal details , hence compromise my safety and protection hence I will refuse to register. But this is not to say I won't comply with the GDPR data protection recommendations. If they take me to court I would counter sue them for breaching my personal details on a public register that is of no use to anyone other than for fraudsters to target me.

Dennis Leverett

13:38 PM, 25th May 2018, About 6 years ago

Reply to the comment left by Mike at 25/05/2018 - 13:25
Hi Robert
Comments on below, just answered questions as below honestly. https://ico.org.uk/for-organisations/data-protection-fee/self-assessment Question 7 if answer was property management then registration needed.
Registration self-assessment
Start again
1. Do you use CCTV for the purposes of crime prevention?

NoChange this answer
2. Are you processing personal information?

YesChange this answer
3. Do you process the information electronically?

YesChange this answer
4. Is your organisation responsible for deciding how the information is processed?

YesChange this answer
5. Do you only process information for one of the following purposes?

NoChange this answer
6. Are you a not-for-profit organisation that qualifies for an exemption?

NoChange this answer
7. Are you processing information for any of the following purposes?

None of the above Change this answer
8. Do you only process personal data for:

YesChange this answer
You are under no requirement to pay a fee
You are only processing personal data for the core business purposes. You therefore do not have to pay a fee to the ICO.

However, it is important that your organisation adheres to the principles of the General Data Protection Regulations and understands best practice for managing information. To help ensure you are complying with the GDPR, we have produced a range of training materials including practical toolkits, training videos and more.

Even if you are exempt, you may still wish to pay a data protection fee.

Rod

14:49 PM, 25th May 2018, About 6 years ago

In reply to Mike. Am I missing something, how could you counter sue if you don't register with them so therefore not on their public register? General question for all, where does "right to rent" reg's stand with GDPR when tenant I.D. has to be taken?

Mike

14:49 PM, 25th May 2018, About 6 years ago

My issue is not registering , but the fact ICO will not be protecting my personal data, they would actually be breaking the law themselves by making available my personal information to anyone through their public register. I would not like ICO to publish my details on a public register. If I went ahead and paid them to register, they will publish my personal details which is what i am strongly against, I am an individual not a company.

Ian Narbeth

14:56 PM, 25th May 2018, About 6 years ago

Reply to the comment left by Mike at 25/05/2018 - 14:49
Mike there is no general right to be anonymous which you seem to be asking for. As I mentioned in my first post, information on all of us is widely available. Your tenants (or indeed anyone) can search at the Land Registry and see that you own a particular property. I very much doubt the ICO are breaking the law by making your name available on the register they are obliged to keep..

Dennis Leverett

15:02 PM, 25th May 2018, About 6 years ago

Reply to the comment left by Mike at 25/05/2018 - 14:49
I too can't understand why it has to be public because if anyone wants to complain about how I've used their info they must already know who and where I am and can then report me. If a potential customer wants to check me out surely all they have to do is contact ICO and ask if I'm registered and compliant. As usual just another badly thought out government scheme, but highly paid jobs for the boys, oh sorry, jobs for the persons/chummy's etc. Ironic that it breaks it's own rules.

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