ALL landlords will have to comply with GDPR when dealing with personal tenants

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Jim Stafford

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All landlords will have to send the following type notice to new personal tenants with effect from this Friday, 25th May 2018

Pursuant to the provisions of the General Data Protection Regulation I am providing you with the following required information. This letter requests specific information from you so that I may carry out my duties as a landlord. I may use some of the Data that you provide me to collect rents, agree tax liabilities, submit returns to the Residential Tenancies Board, and obtain advice from my valuers and legal advisors. The Privacy officer is [ ] (if your firm has appointed a Privacy officer) and is contactable at the above address. I am acting as the Data Controller. I will store the data requested for a period of 6 years after your tenancy ceases. You have the right to access and rectify the data which I hold. You have the right to lodge a complaint with the Data Protection Commissioner. Full details of our privacy policy may be viewed on our website at www.///”

Jim Stafford
 
Hi Jim when you say new tenants do you mean tenants who take up a lease from 25 May that have not had a lease with the landlord on the property before?
 
Jim Stafford said:
All landlords will have to send the following type notice to new personal tenants with effect from this Friday, 25th May 2018

Pursuant to the provisions of the General Data Protection Regulation I am providing you with the following required information. This letter requests specific information from you so that I may carry out my duties as a landlord. I may use some of the Data that you provide me to collect rents, agree tax liabilities, submit returns to the Residential Tenancies Board, and obtain advice from my valuers and legal advisors. The Privacy officer is [ ] (if your firm has appointed a Privacy officer) and is contactable at the above address. I am acting as the Data Controller. I will store the data requested for a period of 6 years after your tenancy ceases. You have the right to access and rectify the data which I hold. You have the right to lodge a complaint with the Data Protection Commissioner. Full details of our privacy policy may be viewed on our website at www.///”

Jim Stafford
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That's all well and good Jim, but what happens if the tenant withdraws consent in writing or does not give it in the first instance ?
 
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Where are you getting this from Jim Stafford?

There are several grounds on which you can hold and process personal data. Consent is only one of them
 
Thirsty said:
There are several grounds on which you can hold and process personal data. Consent is only one of them
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That's bang on.

In particular, personal data may be processed on the basis that such processing is necessary in order to enter into or perform a contract with the data subject or where the controller has a legal obligation to perform such processing.

In the ordinary course, there should be no need for a landlord to obtain express consent to processing a tenant's personal data.
 
Yes, I know, landlords have not yet appreciated the obligations imposed on them by GDPR.

The GDPR Regulation specifies that when you collect/request Data from individuals you must notify them of the following:

•Your name and contact details, including contact details for a Privacy Officer, if one is appointed.
•The purpose of the processing and the legal basis for processing.
•The expected recipients of the personal data.
•Whether you intend to transfer data to a non-EEA country.
•The retention period for personal data and the criteria used to determine this.
•How data subjects can access and rectify their data.
•The right to submit a complaint to the DPC.
•Whether the data subject is required to provide their data pursuant to statute or a contract, and the consequences of failing to provide such data

In the case of personal tenants, the issue of consent is not relevant: The purpose of requesting the information is to engage in contractual relations, which is one of the grounds under which you can process personal data.

Jim Stafford
 
I would think if consent is required than it could be added to the lease agreement - tenant signs lease and therefore gives consent.

Alternatively, could you refuse a tenant on the basis that he won't give consent?
 
Thirsty said:
So if legitimate use applies on 24th May it continues to apply on 25th May.
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Yup.
facetious said:
I would think if consent is required than it could be added to the lease agreement - tenant signs lease and therefore gives consent.
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Again, consent is not required.

I would imagine that the other points mentioned by Jim (notification of retention period, right to rectify personal data, right to complain to DPC, etc.) will gradually start to get reflected in standard form letting agreements over time.

Mind you, I can't see anybody getting overly exercised about this nonsense in the context of a typical landlord/tenant relationship.
 
facetious said:
I would think if consent is required than it could be added to the lease agreement - tenant signs lease and therefore gives consent.

Alternatively, could you refuse a tenant on the basis that he won't give consent?
Click to expand...

Consent is not required as Sarenco said.
Here's the actual wording

https://gdpr-info.eu/art-6-gdpr/
1b is the applicable rule here.

The first post is just a privacy notice informing the tenant how their data is managed. It doesn't ask for the tenants consent at all. The only power it gives the tenant is to fix their personal data if it's incorrect (another GDPR rule).
 
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