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?
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Member Since March 2017 - Comments: 317
10:27 PM, 27th May 2018, About 8 years ago
The form on my link is exactly the same as the form on you link. It’s the self assessment form I used.
Member Since May 2016 - Comments: 1575 - Articles: 16
10:31 PM, 27th May 2018, About 8 years ago
No, its not. My link goes to the ICO, yours goes to.Gov
Look down your link for Registration Self-Assessment That’s what you want to google ( not whether you have to pay, that question is determined AFTER your need to Register or Not )
Member Since March 2017 - Comments: 317
10:38 PM, 27th May 2018, About 8 years ago
If you go to both forms they are exactly the same, have you actually done that, the Govuk one states for registration assessment quite clearly not about paying a fee. Where is the 3 question you mentioned, I can’t see at your link only the 8 question one same as my link. I’m beginning to think your having a wind up!!!. Your link has pay a fee in the web address or have you not seen that.
Member Since March 2017 - Comments: 317
11:36 PM, 27th May 2018, About 8 years ago
If you click on “online self assessment form” on my link it takes you to https://ico.org.uk/for-organisations/data-protection-fee/self-assessment/ which is exactly the same link as yours and has the words data protection fee in it as you can see. Try and see.
Member Since July 2013 - Comments: 1434
10:38 AM, 28th May 2018, About 8 years ago
Re original question:
If you have given the agent authority to do everything on your behalf and you never see any data about the tenants, then you do not need to register.
However, if you do receive information about tenants and their contact details (as stated), then imo you do need to register.
To avoid registering, you need to have your agent handle ALL communications with the tenants, OR have the information passed to you by paper and use a non-smart phone to contact them.
This sounds like a risky strategy to me, as you remain legally responsible for your agent’s action or inaction, but you appear have no data to enable you to monitor their actions.
Member Since July 2013 - Comments: 1434
10:40 AM, 28th May 2018, About 8 years ago
Re the “3 question” issue:
If you answer the first three questions “no; yes; no”, then no further questions are presented.
https://ico.org.uk/for-organisations/data-protection-fee/self-assessment/y/N/Y/No
Member Since April 2014 - Comments: 306
10:46 AM, 28th May 2018, About 8 years ago
Reply to the comment left by Michael Barnes at 28/05/2018 – 10:38
Hi Michael. I thought that irrespective of the agent doing everything, even if the landlord did not receive any info on the tenants eg copy AST, the Landlord is still the Data Controller & the Agent is the Data Processor. Am I losing the plot?
Member Since July 2013 - Comments: 1434
10:52 AM, 28th May 2018, About 8 years ago
Re tradesmen:
It appears that tradesmen do not need to register with the ICO, and therefore we (probably) do not need to check their policies etc. But to cover myself I will get written agreement that they will delete tenant data once the job is complete.
see: https://ico.org.uk/for-organisations/data-protection-fee/self-assessment/y/N/Y/Yes/Yes/No/No/Non/Yes
BUT gas engineers may need to be registered because tenant details are recorded on the safety certificate.
Member Since May 2016 - Comments: 1575 - Articles: 16
10:54 AM, 28th May 2018, About 8 years ago
Reply to the comment left by Laura Delow at 28/05/2018 – 10:46
The distinction is a moot one and not of relevance for Landlords agents, as if the answers, as in the above post are no, Yes, nNo then the registration question is exactly the same for a Processor or controller.
Member Since July 2013 - Comments: 1434
10:54 AM, 28th May 2018, About 8 years ago
Reply to the comment left by Laura Delow at 28/05/2018 – 10:46
Data Controller is someone who decides what data are to be collected and how they are to be processed.
By passing all responsibility to Agent, it is the Agent that makes those decisions.