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

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

    A conversation with a client this morning turned to the matter of landlords having to register with the ICO, pay an annual fee and so on. This gentlemen revealed he deliberately hadn't registered, and to avoid any come back was not holding any personal information on his tenants in any kind of electronic format, even going so far as to delete them from his mobile phone contacts and have their details written in a book instead. He only keeps paper copies of ASTs, referencing reports and so on. As far as I can work out what he's doing is perfectly fine and legal. I was wondering if he is an aberration or if this is something common? Or, of course, if LLs even know that they should be registering!?

  • nukecad
    replied
    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?

    Leave a comment:


  • DPT57
    replied
    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.

    Leave a comment:


  • jpkeates
    replied
    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.

    Leave a comment:


  • Ted.E.Bear
    replied
    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;

    Leave a comment:


  • jpkeates
    replied
    Originally posted by Ted.E.Bear View Post
    It's clear that the government think that you are exempt from paying the fee if you don't use a computer - they recently had a consultation including exactly this issue.
    Sometimes I get the impression that the government may not actually know what it's doing.

    Leave a comment:


  • Kape65
    replied
    Originally posted by jpkeates View Post


    Things that are currently not a big issue have a habit of coming back to bite.
    If you're hyper compliant, at least you have a chance.
    I have to agree with this sentiment. The only data I hold on tenants is paper copies of the AST and paper copies of ID docs for RTR rules and their phone numbers on my phone. I have registered with ICO and paid the fee even though the ICO website says I do not need to register!

    Leave a comment:


  • Ted.E.Bear
    replied
    It's clear that the government think that you are exempt from paying the fee if you don't use a computer - they recently had a consultation including exactly this issue.
    https://assets.publishing.service.go...ultation_L.pdf

    "To remove this exemption is likely to place significant burdens upon the small organisations that fall within this group. Accordingly, the Government is of the view that this exemption should remain."

    Leave a comment:


  • visum
    replied
    Originally posted by theartfullodger View Post
    Any chance of your next thread being on............

    Cheers!
    I don't think tenants need any more help with that.

    Leave a comment:


  • visum
    replied
    Originally posted by jpkeates View Post

    If you're hyper compliant, at least you have a chance.
    That should be every landlord's screen saver!

    Leave a comment:


  • theartfullodger
    replied
    Any chance of your next thread being on............
    Originally posted by visum View Post
    'Dodging' paying rent in-full & on-time requirements for tenants - how many are doing it?
    Cheers!

    Leave a comment:


  • jpkeates
    replied
    Originally posted by visum View Post
    None whatsoever!
    Me neither (Facebook and Leave.EU aren't exactly at our end of the GDPR!)

    The issue is a frustrating one, because the answer is that your client should register, but there's almost no obvious downside to not registering and they save £35 a year.

    I'm slightly more cautious.

    Tell you why.
    Until recently, while a gas safety certifcate was an annual requirement, even if a tenant complained, non-complaince was essentially a stern letter unless the property blew up (which, again, didn't crop up much in real life).
    Lots of landlords saved the £50 or so per year - plus all the messing about with a tenant who couldn't care less.

    Recently, the regulations changed and made the gas safety certificate essential for s21, and it works retrospectively, so if you weren't compliant at the start of the tenancy, no s21 can be valid ever.

    Similarly, no tenant ever looks at an EPC, and no one has ever cared whether they saw one or not (other than a conveyancer with a box to check).
    I don't even think there was a stern letter if there was no compliance.
    And now, again, that's essential for s21 (even if you can fix that issue by serving it late).

    Things that are currently not a big issue have a habit of coming back to bite.
    If you're hyper compliant, at least you have a chance.

    Leave a comment:


  • visum
    replied
    Originally posted by jpkeates View Post

    How many actual ICO cases have you ever heard of relating to this?
    None whatsoever!

    Leave a comment:


  • jase222
    replied
    I did the registration thing waste of time, even ico said there's nothing they will do anyway but a telling off and she even said it was debatable if I needed it I won't be getting it again, even my tenants don't know about it

    Leave a comment:


  • jpkeates
    replied
    Yes, I know.
    It's wrong.
    I forgot that but when I called the interactive guides good - someone's pointed out that page before.

    Another government guide to the law that wrongly states the correct legal position.
    What can I say?

    I've spent years (actually decades now) dealing with organisations and personal data.
    Your client is in no worse position than many very large organisations in the UK.

    How many actual ICO cases have you ever heard of relating to this?

    Leave a comment:

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