Letting agent won't release tenant ID quoting data protection

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    Letting agent won't release tenant ID quoting data protection

    Hi,

    I've had a bit of a situation at my property, needless to say the tenant is currently being evicted and I have tried to raise a claim against my landlord insurance, however the insurance company have requested that I send them the Tenant ID, I requested this from my letting agent, however they have denied the request saying it is against data protection. They've said the only way they can send it to me is if the Tenant agrees (unlikely since he has run off), or if the police request it. Police are involved, so I tried emailing the investigating officer to see if he will help me, although I think it unlikely that he will.

    Is there any way that I can get them to send me the ID?

    Thanks

    #2
    This subject gets discussed on this forum quite a bit. Search for related posts.

    Basically, you are the principal. The agreement is between you and the tenant and it is not necessary or appropriate for agent to keep the details from you.

    That said, you should be registered with ICO.
    There is a fine line between irony and stupidity. If I say something absurd please assume that I am being facetious.

    Comment


      #3
      Respond "You'll have to be more specific than that, what part of the data protection regulations are preventing you from showing me data that you collected on my behalf?

      If you think you need to secure the tenant's permission before sharing any date with me, why did you not follow the ICO's advice and secure that permission when you collected it? Just to avoid any confusion

      As that's been the ICO's advice since the turn of the century, you would have thought that was plenty of time to have solved this problem."

      I'm a little perplexed what the "Tenant ID" is, in this case.
      When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
      Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

      Comment


        #4
        Amazed that your Letting Agent does not issue something like this at start of Tenancy enquiry stage - if they don't, you should register with ICO and issue it yourself..................



        Personal Data Fair Processing Notice

        [IMG]file:///C:/Users/ADMINI~1/AppData/Local/Temp/msohtmlclip1/01/clip_image001.gif[/IMG]This notice explains what information I/we collect when I/we collect it and how I/we use this. During the course of our activities, I/we will process personal data (which may be held on paper, electronically, or otherwise) about you and I/we recognise the need to treat it in an appropriate and lawful manner. The purpose of this notice is to make you aware of how I/we will handle your information.

        Who am I?

        YOUR NAME AND ADDRESS, (“I”/ “we” or “me”/ “us”) take the issue of security and data protection very seriously and strictly adhere to guidelines published in the General Data Protection Regulation (EU) 2016/679 which is applicable from the 25th of May 2018, together with any domestic laws subsequently enacted.

        I/we am/are notified as a Data Controller with the Office of the Information Commissioner under registration number YOUR ICO REG NUMBER and I/we am/are the data controller of any personal data that you provide to us.

        Our Data Protection Officer is APPOINTED PERSONS NAME (CAN BE YOU).

        Any questions relating to this notice and our privacy practices should be sent to the address stated above.

        How I/we collect information from you and what information I collect

        I/we collect information about you:
        • From your application for accommodation
        • From ID provided to show you are Entitled to Rent
        • From your Tenant Referencing
        • From CCTV equipment in public areas of the property.

        I/ we collect the following information about you:
        • Tenant name, e-mail address, telephone number, Date of Birth, address (including any previous addresses), marital status, National Insurance Number, nationality, next of kin, name of university or college where you are studying (if applicable), the name of friends that you are staying with (if applicable);
        • Guarantor name, e-mail address, telephone number, Date of Birth, address (including any previous addresses), marital status, National Insurance Number, nationality, next of kin (if applicable);
        • Property address; term, rent, deposit, utility, and service responsibilities;
        • The employment status of tenants and/or guarantors, address, contact details (including email, phone, and fax numbers) of the employer/accountant, payroll numbers, length of employment, salary information (including any regular overtime or commission), and any other income received;
        • Bank account details of the tenant, including account number and sort code, and any hire purchase/loan agreements/credit cards or store cards that you have; and
        • Any welfare benefits that you may be eligible for or are currently on.

        Why I/we need this information about you and how it will be used

        I/ we need your information and will use your information:
        • to undertake and perform our obligations and duties to you in accordance with the terms of our contract with you;
        • to enable us to supply you with the services and information which you have requested;
        • to help you to manage your tenancy;
        • to carry out due diligence on any prospective tenant and/or guarantor, including whether there is any money judgements against them, or any history of bankruptcy or insolvency;
        • to analyse the information, we collect so that we can administer, support, and improve and develop our business and the services we offer;
        • to contact you to send you details of any changes to our suppliers which may affect you; and
        • for all other purposes consistent with the proper performance of our operations and business.

        Sharing of Your Information

        The information you provide to me/us will be treated by me as confidential and will be processed only by any third party, acting on my behalf, within the UK/EEA.

        I/we may disclose your information to other third parties who act for us for the purposes set out in this notice or for purposes approved by you, including the following:
        • If I/we enter into a joint venture with or merge with a business entity, your information may be disclosed to our new business partners or owners;
        • To carry out due diligence on you as a prospective tenant/ guarantor, including but not limited to the carrying out of affordability checks, due diligence checks and the obtaining of references from relevant parties, whose data you have provided;
        • If you request so, your information shall be disclosed in order to determine if there are any money judgements against you, as the prospective tenant/guarantor, or to determine if they have a history of bankruptcy or insolvency;
        • If you are unable to make payments under your tenancy, your information may be disclosed to any relevant party assisting in the recovery of this debt or the tracing of you as a tenant; and
        • In the creation, renewal or termination of the tenancy, your information will be disclosed to the relevant local authority, tenancy deposit scheme administrator, service/utility provider, freeholder, factor, facilities manager or any other relevant person or organisation in connection with this.

        Unless required to do so by law, I/we will not otherwise share, sell, or distribute any of the information you provide to me/ us without your consent.

        Transfers outside the UK and Europe

        Your information will only be stored within the UK and EEA.

        Security

        When you give me/us information I/we take steps to make sure that your personal information is kept secure and safe. Your information is stored on one computer which is password protected. Hard copies of information provided by you are stored in a locked cabinet.

        How long we will keep your information

        I/we review data retention periods regularly and will only hold your personal data for as long as is necessary for the relevant activity, or as required by law (I/we may be legally required to hold some types of information), or as set out in any relevant contract I have with you.

        Your Rights

        You have the right at any time to:
        • ask for a copy of the information about you held by me/ us in my records;
        • require me/ us to correct any inaccuracies in your information;
        • make a request to me/ us to delete what personal data of yours I/ we hold; and
        • object to receiving any marketing communications from me/ us.

        If you would like to exercise any of your rights above, please contact me/us at YOUR ADDRESS OR EMAIL

        Should you wish to complain about the use of your information, I/ we would ask that you contact me/ us to resolve this matter in the first instance. You also have the right to complain to the Information Commissioner’s Office in relation to my/ our use of your information. The Information Commissioner’s contact details are noted below:




        England:
        Information Commissioner's Office
        Wycliffe House, Water Lane
        Wilmslow, Cheshire, SK9 5AF
        Telephone: 0303 123 1113
        Email: casework@ico.org.uk

        Scotland:
        The Information Commissioner’s Office
        45 Melville Street, Edinburgh, EH3 7HL
        Telephone: 0131 244 9001
        Email: Scotland@ico.org.uk


        Wales
        Information Commissioner's Office
        2nd floor, Churchill House
        Churchill way, Cardiff, CF10 2HH
        Telephone: 029 2067 8400
        Email: wales@ico.org.uk

        Northern Ireland:
        Information Commissioner's Office
        3rd Floor, 14 Cromac Place
        Belfast, BT7 2JB
        Telephone: 028 9027 8757
        Email: ni@ico.org.uk



        The accuracy of your information is important to me - please help me/us keep my/our records updated by informing me/ us of any changes to your email address and other contact details.
        My views are my own - you may not agree with them. I tend say things as I see them and I don't do "political correctness". Just because we may not agree you can still buy me a pint lol

        Comment


          #5
          Hi thanks for your replies, the tenant ID refers to some identification the tenant will haev supplied for perhaps credit checking or right to rent checks I think.

          Comment


            #6
            Thanks for the detailed post landlord-man, however at this stage I'm thinking more toward damage limitation and how I would convince the agent ot release the ID now. I've written them a lengthy mail now, trying to bring in various advice and snippets I've taken from ICO site, hopefully that'll work. I will post the whole email if it does work.

            Comment


              #7
              Originally posted by darkdev View Post
              Thanks for the detailed post landlord-man, however at this stage I'm thinking more toward damage limitation and how I would convince the agent ot release the ID now. I've written them a lengthy mail now, trying to bring in various advice and snippets I've taken from ICO site, hopefully that'll work. I will post the whole email if it does work.
              Are you registered with the ICO and did the letting agent make it clear to the potential tenant that their information will be shared with you. I recently had a similar issue with a letting agent but I am registered with the ICO.

              Comment


                #8
                Is this a guaranteed rent scheme/scam please? Where you are landlord renting to agent who then rents to occupants?
                I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                Comment


                  #9
                  Hi Guys,

                  theartfullodger this was just a managed service with letting agent.

                  As an update I managed to convince the agent to my way of thinking with a lengthy email, I also registered with the ICO. I will post the full email that I sent them at a later date.

                  Thanks all.

                  Comment

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