Do we landlords have to register with the Information Commissioner’s Office

by Readers Question

10:22 AM, 13th March 2018
About 3 years ago

Do we landlords have to register with the Information Commissioner’s Office

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Do we landlords have to register with the Information Commissioner’s Office

Do we landlords have to register with the Information Commissioner’s Office (ICO)?

I have read that all landlords need to by May 25th.

Is this true because it sure is not getting much attention?

Many thanks

Tobias

Editors Note

There is a self assessment test on the ICO site to ascertain if you need to register with them for Data Protection

Registration self-assessment >> https://ico.org.uk/for-organisations/register/self-assessment/

“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.

You can still register voluntarily if you wish.

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.”


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Comments

David Price

17:03 PM, 24th May 2018
About 3 years ago

Reply to the comment left by Paul Shears at 24/05/2018 - 14:24
Your hairdresser needs to be careful for he is collecting data on you and wantonly discarding it without thought of data protection. The DNA in your hair clippings!

Chirag

17:08 PM, 24th May 2018
About 3 years ago

I was just told by my agents that in the training they received they were told this applies to organisations and not individuals.
Am confused! But will probably just register to be safe!

David Price

17:19 PM, 24th May 2018
About 3 years ago

Reply to the comment left by Chirag at 24/05/2018 - 17:08
That is certainly not my understanding of GDPR. It may not apply to individuals who keep data purely for social purposes but I believe it applies to individuals who keep data for business purposes.

Robert Mellors

17:23 PM, 24th May 2018
About 3 years ago

Reply to the comment left by David Price at 24/05/2018 - 17:19
I agree with you David, if the data is held for business purposes and it is data that could be used to identify a person (e.g. a name) then it is personal data and the business/landlord/organisation/company has to register with the ICO and comply with GDPR.

Paul Shears

21:01 PM, 24th May 2018
About 3 years ago

Reply to the comment left by David Price at 24/05/2018 - 17:03
Excellent and entirely what is lacking in all this ill conceived nonsense. Well done! 🙂

Mark Shine

21:04 PM, 24th May 2018
About 3 years ago

Apparently the deadline for businesses (which includes every UK landlord) to register with ICO has now been extended by a couple of weeks. This is partly due to exceptional demand and ICO website crashing etc today so I believe. However I understand that all LLs still need to have all their processes in order and privacy notices sent (by email) to all tenants by midnight tonight. It’s too late to send by post to meet the deadline now.

Luke P

22:47 PM, 24th May 2018
About 3 years ago

Reply to the comment left by Mark Shine at 24/05/2018 - 21:04
What an utter load of complete nonsense. Literally nobody cares about GDPR. After this week it’ll not be referred to again save for a pedantic lawyer in a high profile case, just to be a jobsworth. I guarantee not a single one of my tenants would read nor care about a privacy policy if I even bothered to send one.

David Price

23:29 PM, 24th May 2018
About 3 years ago

I cannot post publicly the comments of some of my tenants as they tore up or otherwise discarded the privacy notice which I gave to them. Not one (out of eighty) actually read or was in the slightest bit interested in the notice. Yet another government edict with which we all have to comply which achieves nothing for the small business except a nice little annual fee windfall for the government of £40 times six million businesses.

Luke P

0:06 AM, 25th May 2018
About 3 years ago

Reply to the comment left by David Price at 24/05/2018 - 23:29
And those that don’t register will be the very last that are checked upon or inspected…because they’re hardest to find and not easily located on a convenient register.

Paul Shears

7:24 AM, 25th May 2018
About 3 years ago

Reply to the comment left by Luke P at 24/05/2018 - 22:47In the past week I have received over 200 Emails from companies telling me about their GDPR bureaucracy. Some are trying to sell me a GPDR service, some are asking for permission to retain my data, some are simply informing me of changes to their bureaucracy, some I have forgotten about, a huge number I have never heard of.
I have taken the trouble to write back to quite a few of them with the following question.
"How long have you had my data and what has this produced."
Almost nobody responds to my question. But one sticks in my mind who stated: " We have held your data since 2009, we obtained it from the internet and we have never communicated with you. Shall we delete your data?".
There is no indication in many of these Emails of what the core business of the writer actually is.
They are still coming in on 25/05/18.
It's obvious that the whole thing has been largely automated.

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