Discussion - GDPR and implications on landlords

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    Discussion - GDPR and implications on landlords

    I've just posted something on GDPR and then wondered whether it had been discussed on here before - a quick search implies its never been mentioned.

    I thought I would raise a topic to discuss it and the implications on landlords.In effect this is a replacement of the Data Protection Act but with hugely more onerous conditions.

    My very initial reading of the implications is that:

    - Landlords may not, and potentially must not, give references regarding tenants.
    - Landlords must delete any "non relevant" or "unlawful" data about tenants, on any system or paper records system, whilst they are still a tenant. When they become an "ex tenant", its possible that any data regarding them must be fully purged.
    - Landlords must provide all data they have on the tenant, at the tenants request.
    - If any data is misplaced or "breached" it must be reported to the ICO within 72 hours
    - Landlords must be very careful about what data they ask for from a tenant up front.

    Any thoughts or discussion welcomed.

    For information - my day job involves implementing GDPR in a business environment so I do have a bit of awareness and happy to field questions
    Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.

    #2
    For landlords, the difference between the DPA and GDPR isn't that big.

    Other than your point about references, which is something I haven't read about or really considered, the other items in that list look like the responsibilities of data controllers now.

    Almost no landlords are registered with the ICO as data controllers, so there's a huge implementation issue right there.
    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


      #3
      The difference may be subtlety bigger than you think IMHO. GDPR changes the ownership of data from the "controller" to the individual. In line with this, there is an obligation to ensure that we only keep the bare minimum data as is lawfully required (the thresholds for which are very tight). The focus of DPA is on ensuring the data is kept private, the focus in GDPR is on ensuring that data isnt captured or stored in the first place if it isnt lawful.

      I'm unsure what impact this may have. I dont really know if LLs are even fully in scope (I suspect they are).
      Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.

      Comment


        #4
        Sounds like another good reason to leave the EU, doesn't it?

        Fortunately I have few enough tenants to hold my opinions about them in my head. I don't need to give a reference in writing either. I just do it verbally if there is any untoward information needing to be passed on.

        Comment


          #5
          Not EU legislation im afraid !
          Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.

          Comment


            #6
            GDPR changes the ownership of data from the "controller" to the individual
            For a landlord (unless they're part of a huge enterprise) the controller and individual are usually one and the same.
            And it's not currently lawful for a controller to hold non-lawful or any personal data without a specific and permitted purpose.

            Originally posted by JK0 View Post
            Sounds like another good reason to leave the EU, doesn't it?
            Not really - a) it would just become law when the great whatever it's called bill is passed - which will incorporate all EU law that applies to the UK into UK law and b) compliance with this will be a condition of trading with EU states and companies (along with most similar regulations)

            The bigger problem is that we lose the international equivalences, so we'll have to comply with everyone else's versions as well, to trade with their companies). So instead of complying with the Data Protection Act, if you want to trade internationally, you'll have to comply with the GDPR for Europe, the Japanese equivalent for Japanese countries, the US equivalent (there isn't one) for US companies and so on. So much for removing red tape and bureaucracy.
            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


              #7
              Originally posted by MrShed View Post
              In line with this, there is an obligation to ensure that we only keep the bare minimum data as is lawfully required.
              That's already the case, really (from DPA):

              3 Personal data shall be adequate, relevant and not excessive in relation to the purpose or purposes for which they are processed.

              Comment


                #8
                Originally posted by jpkeates View Post
                For a landlord (unless they're part of a huge enterprise) the controller and individual are usually one and the same.
                And it's not currently lawful for a controller to hold non-lawful or any personal data without a specific and permitted purpose.
                Sorry maybe I should have been clearer. The data ownership is that of the TENANT. Any data the landlord holds on the tenant is owned by the tenant - this is what I meant by the individual.
                Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.

                Comment


                  #9
                  Originally posted by jpkeates View Post
                  For a landlord (unless they're part of a huge enterprise) the controller and individual are usually one and the same.
                  And it's not currently lawful for a controller to hold non-lawful or any personal data without a specific and permitted purpose.


                  Not really - a) it would just become law when the great whatever it's called bill is passed - which will incorporate all EU law that applies to the UK into UK law and b) compliance with this will be a condition of trading with EU states and companies (along with most similar regulations)

                  The bigger problem is that we lose the international equivalences, so we'll have to comply with everyone else's versions as well, to trade with their companies). So instead of complying with the Data Protection Act, if you want to trade internationally, you'll have to comply with the GDPR for Europe, the Japanese equivalent for Japanese countries, the US equivalent (there isn't one) for US companies and so on. So much for removing red tape and bureaucracy.
                  So the EU requires anyone it trades with at the moment to comply with all the laws the EU complies with? Erm, doesn't most stuff come from China nowadays?

                  Comment


                    #10
                    Originally posted by MrShed View Post
                    Not EU legislation im afraid !
                    The General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679) is a regulation by which the European Parliament, the Council of the European Union and the European Commission intend to strengthen and unify data protection for all individuals within the European Union (EU).

                    Comment


                      #11
                      Originally posted by JK0 View Post

                      So the EU requires anyone it trades with at the moment to comply with all the laws the EU complies with? Erm, doesn't most stuff come from China nowadays?
                      That's two questions.

                      First, no.
                      Second, no.

                      The EU trades with China on the basis that no personal data is migrated, same as the USA.

                      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


                        #12
                        Originally posted by jpkeates View Post
                        That's two questions.

                        First, no.
                        Second, no.

                        The EU trades with China on the basis that no personal data is migrated, same as the USA.
                        Happy days! We can trade with the EU after Brexit then!

                        Comment


                          #13
                          Originally posted by JK0 View Post

                          Happy days! We can trade with the EU after Brexit then!
                          We can trade with anyone.
                          What matters is the terms we trade on.

                          Currently we're beyond screwed.
                          I wanted more for my children than being a pale version of a comic relief video.
                          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 JK0 View Post



                            Yes indeed JK - but the legislation is being put in place in the UK in its own right, and has been stated that it wont be affected by Brexit.
                            Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.

                            Comment


                              #15
                              Originally posted by MrShed View Post

                              Yes indeed JK - but the legislation is being put in place in the UK in its own right, and has been stated that it wont be affected by Brexit.
                              I'll believe that when I see it.

                              Comment

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