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

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

    #16
    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;

    Comment


      #17
      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).

      Comment


        #18
        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.

        Comment


          #19
          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?

          Comment

          Latest Activity

          Collapse

          • Tenant abandoning property
            Ms London
            What can be done about tenants just leaving the property without notice, nor paying rent before the end of the fixed term AST?

            I'm talking about the rented room on AST in London started September last year. I've got no forwarding address and suspect they left abroad. Can I put it in court?...
            05-06-2019, 22:30 PM
          • Reply to Tenant abandoning property
            leaseholder64
            You won't get money from the UK job unless you find out about and request an attachment of earnings. The payment will be subject to affordability....
            19-06-2019, 23:45 PM
          • Reply to Tenant abandoning property
            mariner
            T leaving keys in the property does not end the Tenancy, unless you accept them.
            19-06-2019, 23:22 PM
          • Live in landlord
            Schie
            Hi - I have 3 bed house. I have converted one reception into room where I live and I have rented out 3 bedrooms upstairs (2 double bed and 1 single).

            I'm thinking of doing loft conversion that's mean 4th bedroom. Do I need hmo license if I do loft conversion?
            19-06-2019, 22:40 PM
          • Reply to Live in landlord
            leaseholder64
            You need an HMO licence even without the conversion, assuming double occupation of at least one double bedroom. This assumes there is no selective licensing for smaller HMOs.

            You need to obey HMO regulations, even if there are only 4 residents, in total.
            19-06-2019, 23:14 PM
          • Council tax issue
            buttons
            I served a section 21 notice which ended on 2nd June on a tenant. The reason was the tenant had not claimed their housing benefit. They finally got this sorted and I got paid in April then again in May. I went to the house on 22 May, the tenant was just going into the house, the first time I had seen...
            19-06-2019, 22:39 PM
          • Reply to Council tax issue
            scampicat
            I had a similar problem with a tenant. I had to provide a tenancy agreement with a note written by me explaining that the tenancy was relinquishd early, by mutual agreement. I gave the date that she was responsible for the tenancy for (which was a month later than she said). A couple of months later...
            19-06-2019, 22:49 PM
          • 1st time landlord, 'enthusiastic' estate agent, questionable tenants.
            daz87
            All,

            First time landlord that is moving with work and renting out home.

            Perspective tenants, working couple one on maternity, a number of children who are keen for longer tenancy agreement than 6 months due to schools and settling in.

            They have a guarantor,...
            19-06-2019, 14:59 PM
          • Reply to 1st time landlord, 'enthusiastic' estate agent, questionable tenants.
            2006holly
            Walk away from them, there’ll be plenty more potential tenants.
            letting agent I engaged agreed to let my flat without giving me all the info on the tenant. It’s been a nightmare of constant late payments, so many lies by agents that are still coming to light, tenants income wasn’t verified,...
            19-06-2019, 22:22 PM
          • Reply to Tenant abandoning property
            Ms London
            so the picture of an empty room with the keys on the table is good enough as evidence?
            And I'll take it to the court but if they've got a job in Ireland, not in the UK, I'll not get my rent back? And if they do get a job in the UK, automatically they will be made to pay me the rent that they owe?...
            19-06-2019, 20:39 PM
          Working...
          X