'Dodging' ICO registration requirements for landlords - how many are doing it?

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    The Data Protection (Charges and Information) Regulations 2018

    2.—(1) A data controller must comply with the requirements of this regulation unless all of the processing of personal data they undertake is exempt processing
    2.—(1) For the purposes of regulation 2(1), processing of personal data is exempt processing if it—

    is not being processed wholly or partly by automated means or recorded with the intention that it should be processed wholly or partly by automated means;


      Which is impossible.

      You have a tenant's phone number as a contact on a mobile phone - even if you delete it, you've processed it.
      You type a tenancy agreement on a computer, same.
      Create notices and keep copies.
      Go to a website to protect a deposit and add the tenant's name, print out PI.
      Do online banking to see if you've been paid and the account sending you money has the tenant's name.
      Send WhatsApp messages or emails related to your property business.
      Scan anything with a tenant's name on.
      Scan bills and receipts for tax purposes with the name of a tradesman on them.
      Use a service for your gas safety certificates that make them available online.
      Get an agent to collect data and do a credit reference.
      Use an agent generally, they tend to computerise everything.

      "Processed" is a very low bar.
      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).


        I agree that the ICO may have this wrong, but their statement about those that don't have to register would at least be a defence. Having said that, if the data is initial received on a phone, computer or other electronic device, including seemingly innocuous texts or emails, then my understanding is that registration is a requirement even if the electronic copies are all successfully purged from every device.

        Processing means receiving and reading. It did under the old DPA too.


          Originally posted by jpkeates View Post
          Sometimes I get the impression that the government may not actually know what it's doing.
          Only sometimes?

          Let's think now - Brexit, Universal Credit, various other major benefit errors, Windrush, ..., need I go on?


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