Serving Data Protection Notice on Tenant before start of a tenancy

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    Serving Data Protection Notice on Tenant before start of a tenancy

    A well known landlord legal website states that the landlord must serve the tenant with a copy of their Data Protection Notice at the start of the tenancy. Can anyone please point me in the direction of the legislation that explicitly states this to be so? Thanks in advance

    #2
    The General Data Protection Regulations.

    Although https://ico.org.uk/for-organisations...o-be-informed/ is a secondary source, I would way that the requirement it mentions to provide the privacy policy when obtaining personal information from someone is the basis of the advice you have seen.

    Comment


      #3
      It's essentially Chapter 3 (sections 92-100) of the 2018 Data Protection Act.

      A Data Protection Notice isn't specifically referenced as a specific "thing", but the right of a Data Subject to information from a Data Controller about how their data will be treated requires a notification of some kind.

      If you give the Data Subject the information you are required to, you've given them a data protection notice, even if the document doesn't have any particular heading or format.

      The notice should be in line with your Personal Data Policy.

      As far as I know, the ICO website still says that landlords aren't required to register as Data Controllers (which is not correct, but you could probably rely on it as a defence*).


      *In the implausibly remote chance it becomes an issue.
      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
        That's actually Chapter 3 of Part 4. There is more than one Chapter 3.

        https://www.legislation.gov.uk/ukpga...rt/4/chapter/3

        Comment


          #5
          Originally posted by leaseholder64 View Post
          That's actually Chapter 3 of Part 4. There is more than one Chapter 3.
          Good spot and correction, thanks.
          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


            #6
            Interesting that the section that mentions the data controller giving information to the data subject (Section 93) is 'Prospective'

            Comment


              #7
              Originally posted by cymro123 View Post
              Interesting that the section that mentions the data controller giving information to the data subject (Section 93) is 'Prospective'
              That's because there's been a " The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019" which is to Brexit proof the legislation.

              The legislation.co.uk site isn't up to date, yet (and I can see why, it looks like a real ball ache of an amendment). But the original (as enacted) is pretty much spot on.

              It doesn't change anything that has any real effect, it's designed to exclude any references to the original EU directive in case the EU change it when we've left.

              There's going to be hundreds and hundreds of statutory instruments like that.
              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


                #8
                Wow thank you jpkeates it is a nightmare and overtime for those drafting legislation

                Comment


                  #9
                  Originally posted by cymro123 View Post
                  A well known landlord legal website states that the landlord must serve the tenant with a copy of their Data Protection Notice at the start of the tenancy.
                  I believe it should be served before any personal data are gathered, as data will e passed on to others such as referencing agencies before the tenancy starts.

                  Comment


                    #10
                    I have traced the answer to my question in Article 13 of the GDPR which states ...Where personal data relating to a data subject are collected from the data subject, the controller shall, at the time when personal data are obtained, provide the data subject with all of the following information.... So as jpkeates rightly says the 'Data Propertion Notice' is not a thing and serving this information at the start of a tenancy is too late. I never cease to be amazed at the mis-leading information propagated about this industry or the extent of the knowledge of people in this forum but that is what makes this industry so interesting

                    Comment


                      #11
                      MdeB makes an important point above. The landlord has to give any privacy notice at the start of the application process, not the start of the tenancy. This can be difficult if like me you get enquiries forwarded electronically by Openrent with the prospective tenants name and contact details. However, it should certainly be provided before you ask the tenant to complete any application form.

                      Comment


                        #12
                        RLA pre tenancy checklist states this should be served , why do you ask OP ?

                        Comment


                          #13
                          Originally posted by DPT57 View Post
                          MdeB makes an important point above. The landlord has to give any privacy notice at the start of the application process, not the start of the tenancy. This can be difficult if like me you get enquiries forwarded electronically by Openrent with the prospective tenants name and contact details. However, it should certainly be provided before you ask the tenant to complete any application form
                          Strictly speaking, Openrent should provide notice as the landlord's Data Processor.
                          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


                            #14
                            Originally posted by jpkeates View Post
                            Strictly speaking, Openrent should provide notice as the landlord's Data Processor.
                            Yes, and to be fair, Openrent did tell me back in April last year that they have put processes in place to cover this.

                            Comment


                              #15
                              Originally posted by jpkeates View Post
                              Strictly speaking, Openrent should provide notice as the landlord's Data Processor.
                              It is my understanding that the Data Controller is responsible for the notice, not Data Processors.

                              Comment

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