“Under the Data Protection Act individuals and organisations that process personal information need to register with the Information Commissioner’s Office (ICO), unless they are exempt.
By going through the following questions you will be able to decide if you – as an individual or on behalf of your business or organisation – need to register with the ICO.”
Number 3 is the Key Question for Landlords on the self assessment test:
Do you process the information electronically?
Answer ‘Yes’ if you process the information using computers or any system that can process the information automatically, including CCTV systems, digital cameras, smartphones, credit card machines, call logging and recording systems, clocking machines and audio-visual capture and storage systems.
If you answer NO the response is: You are under no requirement to register
Organisations that do not process personal information on a computer are exempt. You therefore do not have to register with the ICO
However, it is important that your organisation adheres to the principles of the Data Protection Act (DPA) and understands best practice for managing information. To help ensure you are complying with the DPA, we have produced a range of training materials including practical toolkits, training videos and more.
If you answer Yes the response at the end of the assessment is in nearly all cases that you will need to register with the ICO
Definition of Processing data:
“Processing, in relation to information or data, means obtaining, recording or holding the information or data or carrying out any operation or set of operations on the information or data, including –
(a) organisation, adaptation or alteration of the information or data,
(b) retrieval, consultation or use of the information or data,
(c) disclosure of the information or data by transmission, dissemination or otherwise making available, or
(d) alignment, combination, blocking, erasure or destruction of the information or data.”
I’m a landlord with a small portfolio of 7 properties. I do all the tenant sourcing and referencing and also manage the properties myself.
Tried to register but there is no drop down option for business as “Landlord”. The closest I can find is “Letting Agent” and “Property Management” and I’m not really either of these two.
HI
I’m a landlord with 1 property. The agent did the tenant sourcing and referencing and I manage the property myself.
Do I need to register under ICO?
Thanks
Chirag
Member Since May 2015 -
Comments: 2203 - Articles: 2
2:01 PM, 24th May 2018, About 8 years ago
Reply to the comment left by Robert Mellors at 24/05/2018 – 11:55 Is there any company, or individual, with even a single customer which does not need to register?
If a landlord with one tenant has to register with ICO and comply with GDPR or potentially face penalties, why doesn’t a tenant with one landlord need to do the same? In some cases surely the tenant and landlord could hold a similar amount of personal data (eg name, address, phone number, email address etc) as each other?
I had a haircut yesterday and the barber had never heard of GPDR and does not use computers.
It’s often not taken into account that, given the population of this tiny island, there are millions of people who never use IT in relation to a business but are still engaged in one.
The chap that repaired my vacuum cleaner had no Email address and his communication method was the spoken word and hand written notes.
A few years back, I lived on a farm where the farmer did not have an internet connection or a computer. He was my landlord.
Theoretically a Tenant can easily share LL’s data with Council, (University if students), H&S inspector, DWP etc. From that respect he/she is a Data Processor… If I am not mistaken there was something about the LLs who must register as this is a business which holds personal data. (Sadly not for the tax purpose, as taxed on costs). Tenant is not a business, I guess.
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Member Since July 2013 - Comments: 1434
1:31 PM, 17th March 2018, About 8 years ago
Reply to the comment left by David Price at 17/03/2018 – 10:42
Can you point me to the legislation on that?
Member Since August 2016 - Comments: 1190
3:23 PM, 17th March 2018, About 8 years ago
I’m a landlord with a small portfolio of 7 properties. I do all the tenant sourcing and referencing and also manage the properties myself.
Tried to register but there is no drop down option for business as “Landlord”. The closest I can find is “Letting Agent” and “Property Management” and I’m not really either of these two.
Anybody else had the same problem ?
Member Since August 2015 - Comments: 49
3:47 PM, 17th March 2018, About 8 years ago
Reply to the comment left by Dylan Morris at 17/03/2018 – 15:23
Use “Property Management” Dylan.
Member Since May 2018 - Comments: 3
11:13 AM, 24th May 2018, About 8 years ago
HI
I’m a landlord with 1 property. The agent did the tenant sourcing and referencing and I manage the property myself.
Do I need to register under ICO?
Thanks
Chirag
Member Since October 2013 - Comments: 1311 - Articles: 10
11:55 AM, 24th May 2018, About 8 years ago
Reply to the comment left by Chirag at 24/05/2018 – 11:13
YES
Member Since May 2018 - Comments: 3
12:05 PM, 24th May 2018, About 8 years ago
Thanks Robert
Member Since May 2015 - Comments: 2203 - Articles: 2
2:01 PM, 24th May 2018, About 8 years ago
Reply to the comment left by Robert Mellors at 24/05/2018 – 11:55
Is there any company, or individual, with even a single customer which does not need to register?
Member Since July 2015 - Comments: 438
2:20 PM, 24th May 2018, About 8 years ago
If a landlord with one tenant has to register with ICO and comply with GDPR or potentially face penalties, why doesn’t a tenant with one landlord need to do the same? In some cases surely the tenant and landlord could hold a similar amount of personal data (eg name, address, phone number, email address etc) as each other?
Member Since July 2013 - Comments: 648
2:24 PM, 24th May 2018, About 8 years ago
I had a haircut yesterday and the barber had never heard of GPDR and does not use computers.
It’s often not taken into account that, given the population of this tiny island, there are millions of people who never use IT in relation to a business but are still engaged in one.
The chap that repaired my vacuum cleaner had no Email address and his communication method was the spoken word and hand written notes.
A few years back, I lived on a farm where the farmer did not have an internet connection or a computer. He was my landlord.
Member Since February 2016 - Comments: 977 - Articles: 1
3:57 PM, 24th May 2018, About 8 years ago
Reply to the comment left by David Price at 24/05/2018 – 14:01
Theoretically a Tenant can easily share LL’s data with Council, (University if students), H&S inspector, DWP etc. From that respect he/she is a Data Processor… If I am not mistaken there was something about the LLs who must register as this is a business which holds personal data. (Sadly not for the tax purpose, as taxed on costs). Tenant is not a business, I guess.