Data Protection GDPR

[mad_maz]

I didn't realise until 2 days ago that the new GDPR legislation affected me, other than I would need to register with ICO.  I was shocked to discover the amount of paper work involved and as time is short to register I decided to look online for any documents.

Well, one landlord association is charging £95 (or £99 I forget) + vat, and another is charging £75 + vat, then I found a website charging £35 + vat...initially I thought it was £35 per set of Landlord documents however reading on I saw that it is actually £35 + vat for ALL property related documents, and there are lots.

The GDPR documents are exactly what I need and two of us worked to get the privacy letters and privacy notices out yesterday, and completed a 'GDPR Data Audit' and GDPR Data policy'.  Without the help of simply-docs.co.uk/ I would still be struggling, and not understanding what is required.

I can fully recommend them if you have any rental properties (I am not part of Simply-docs and had not heard of them prior to Saturday evening, when my search on Google found them).

Maz  

[Richlist]

My information is that it doesn't affect landlords.

Can you provide a link showing otherwise ?

[mad_maz]

Hello

If you have an agent that advertises, lets and manages perhaps you don't need to register, but my understanding is that even if you only rent one property and you hold information on that one tenant you have to register.

There is a self assessment test on the ICO website to see whether you need to register:  https://ico.org.uk/for-organisations/register/  part way down the page.

 

Let me know how you get on.

Maz

[Carryon Regardless]

Thanks for the check tool, as I hadn't considered any need for me to have involvement with the yet new regs I'm glad it confirms my "no need to register" belief.

That of course 'ass'u'me's (but i believe it to be them)  that I have read the multiple pages correctly and answered correctly. But in reality if I haven't I'll still wait for them to come and get me for something that, no doubt, I deserve to hung and drawn for.

[Richlist]

I don't consider holding a piece of paper showing a tenants name, previous address, mobile phone number/ work phone number &/or email address sufficient to register for GDPR. 

GDPR is further justification for taking out RGI. That way the insurance company hold the tenants details not the landlord.

Most landlords who use an agent for admin are unlikely to need to register for GDPR.

 

 

 

[mad_maz]

Oh dear I wish I had checked here first.  Having said that, the following question is applicable if you interview tenants and manage your own properties:

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

Property management - including the selling and/ or letting of property

Personal information processed by or obtained from a credit reference agency

Maz

[Richlist]

How did you get to question 7 ?     When I followed the link there were only 3 questions.

Your last post would suggest that just by obtaining the applicants name is enough to mean a landlord would need to register for GDPR........and that surely can't be correct.

[mad_maz]

Lol thats strange! 

Question 4 lists activities that are not exempt, and that includes Property Management and information obtained from a credit reference agency. 

If I have time later I will try to run through it again.

Maz

[mad_maz]

Here are the questions taken direct from the ICO website:

1. Do you use CCTV for the purposes of crime prevention?

·                            Yes

·                            No

2. Are you processing personal information?

‘Processing’ means doing any of the following with the information:

·                            obtaining it;

·                            recording it;

·                            storing it;

·                            updating it; and

·                            sharing it.

 ‘Personal information’ means any detail about a living individual that can be used on its own, or with other data, to identify them.

·                            Yes

·                            No

3. 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.

·                            Yes

·                            No

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

Answer ‘No’ if you only process information on behalf of another organisation. 

·                            Yes

·                            No

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

·                            Judicial functions;

·                            domestic or recreational reasons (ie information relating to a hobby); or

·                            to maintain a public register (ie you are required by law to make the information publicly available).

·                            Yes

·                            No

 

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

Answer ‘Yes’ if your organisation was established for not-for-profit making purposes and does not make a profit. Also answer ‘yes’ if your organisation makes a profit for its own purposes, as long as the profit is not used to enrich others. You must:

·                            only process information necessary to establish or maintain membership or support; 

·                            only process information necessary to provide or administer activities for people who are members of the organisation or have regular contact with it; 

·                            only share the information with people and organisations necessary to carry out the organisation’s activities. Important - if individuals give you permission to share their information, this is OK (you can still answer ‘yes’); and

·                            only keep the information while the individual is a member or supporter or as long as necessary for member/supporter administration.

You must answer ‘No’ if you use CCTV for crime prevention.

·                            Yes

·                            No

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

·                            Accountancy and auditing

·                            Administration of justice - including police and probation boards

·                            Administration of membership assoication records

·                            Advertising, marketing and public relations for others

·                            Canvassing political support amongst the electorate

·                            Charities - including housing associations

·                            Constituency casework

·                            Consultancy and advisory services

·                            Councils

·                            Credit referencing

·                            Crime prevention and prosecution of offenders (including CCTV systems)

·                            Debt administration

·                            Education – including schools

·                            Emergency services - including ambulance and fire service

·                            Health administration and provision of patient care - including medico legal, pharmacists, optometrists and dentists

·                            Insolvency practices

·                            Insurance administration

·                            Journalism and media

·                            Legal services

·                            Leisure – including airlines and TV/radio stations

·                            Loyalty cards

·                            Mortgage/ insurance broking

·                            Pastoral care

·                            Pensions administration

·                            Personal information processed by or obtained from a credit reference agency

·                            Private investigation

·                            Property management - including the selling and/ or letting of property

·                            Provision of childcare ie childminder

·                            Provision of financial services and advice

·                            Recruitment

·                            Research

·                            Social - including networking sites or dating agencies

·                            Software development - including web hosting and design or IT support

·                            Trading and sharing in personal information

·                            Training

·                            None of the above

[Richlist]

Ok

Q1 = No

Q2 = Yes

Q3 = No

Result = Not required to register

[Qetrson]

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