Does our residential management company need to register for Data Protection?

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    Does our residential management company need to register for Data Protection?

    I am Company Secretary for our building's residential management company which owns the freehold of the building. There are 7 leasehold flats and I and my 6 fellow leaseholders are the sole shareholders in the company.

    The company is not currently registered and has never been registered with the Information Commissioner's Office under the Data Protection Act.

    As we obviously need to hold personal data as part of the company records and the records of the property (service charge accounts, leases, deeds etc.), my question is whether there is a requirement for us to register with the ICO and to have to pay the fee of £35 per year.

    I have just completed a self-assessment questionnaire on the ICO website which tells me that we are exempt through being a not-for-profit organisation and not having CCTV security cameras.

    Does everyone agree with this assessment so that I can sleep easily in my bed at night?

    Originally posted by Keith View Post
    Does our residential management company need to register for Data Protection?
    No. ( and our Management company has not registered )

    You are not getting complete strangers knocking on your door asking for information on the leaseholders, asking how much service charges they pay, or how much they are in arrears ( except from solicitors when flats are sold ).

    We hold such info on paper format, not on computer.
    People can ask for such information, and you can refuse to give it,-- simple.
    There is no need to register as you would not disclose private information to strangers anyway.


      Came across the original post above but noticed it was pre-GDPR (May 2018) ...

      I am a fairly new director for a non-profit Resident Management Company owned by leaseholders (single share each) in a block of 30 flats. Data held is extremely basic covering just resident names against flat number in a spreadsheet for mail merge letters (e.g. service charge demand). Historical paper correspondence with solicitors regarding past sales is filed in folders per flat.

      The ICO on-line self-assessment "not-for-profit" question seems to be heavily biased towards social/hobby clubs and charities.

      Can anybody please confirm if we should be registered with the ICO and if not on what basis is the exemption?


        Dear Jericho

        The RMC almost certainly needs to be registered as a Data Controller with the ICO. If in doubt, call the ICO.


          Thanks vmart. Phoned the ICO and spoke to the registration team. The guy reckoned our resident management company would be classed similarly to a housing association and we'd need to register if we had any electronic records. If everything was just on paper then we wouldn't. Tempted to delete my spreadsheet of resident names to save £40. Then again I'm sure we'd be some way behind the likes of Cambridge Analytica on the ICO hit list.


            If you have a managing agent, you may fall under the umbrella of the agent's registration otherwise upgrade to a manual record or register,


              Thanks eagle2 - we currently self-manage the RMC. Not sure I'd call moving from an Excel spreadsheet to a piece of A4 an "upgrade" but I note your point.


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