I don’t think I need to be concerned about GDPR

I don’t think I need to be concerned about GDPR

12:38 PM, 5th May 2018, About 7 years ago 104

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I don’t think I need to be concerned about GDPR, here’s why.

I live overseas and whilst my property rental business in the UK is a substantial one, I keep no records either written or electronically in regards to any of my tenants. The day to day liaison with tenants is all dealt with via my letting agent, who simply accounts to me the rental income for my properties.

Occasionally, if for example I need to replace white goods, then my letting agent will provide me with the contact details of my tenants to organise this. That is the only purpose for which I use that tenants data and it is then destroyed.

On this basis, do you agree that I should not concern myself with GDPR?


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Michael Barnes

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11:00 AM, 28th May 2018, About 7 years ago

Reply to the comment left by Chris Daniel at 28/05/2018 - 10:54
The distinction is a moot one and not of relevance for Landlords agents, as if the answers, as in the above post are no, Yes, nNo then the registration question is exactly the same for a Processor or controller.

That is not true.
If LL never sees the data, or only sees it on paper, then LL does not need to register.
That does not stop the Agent being data controller because Agent determines what is to be collected and what is to be done.

If LL receives data on paper for specific instances and does not put that data into a computing device (camera, smart phone, etc), then imo LL is a data processor of the Agent

TheMaluka

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11:45 AM, 28th May 2018, About 7 years ago

I have been registered with one of my companies for many years. I pay by direct debit and the only communication I ever have from the ICO is a renewal certificate. Whilst I object to paying this tax I do not have to spend sleepless nights deciding whether or not I am legal.
Given the huge number of small businesses which are now having to register what is the justification for the increase of 14% in the annual fee? Perhaps I should increase my rents by the same amount?

Dennis Leverett

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12:12 PM, 28th May 2018, About 7 years ago

Reply to the comment left by Michael Barnes at 28/05/2018 - 10:38
I absolutely agree and in reality there must be very few LL that don't hold personal info even accidental single property LL's. I like to have full control over whats happening and consider it very risky to totally trust an agent, as we know from various horror stories lately. The whole thing is a mess as usual, though especially for smaller business's to understand if they need to register. I have asked ICO for a specific yes or no answer as whether I should register my online business based on the info I have given them, but not gonna hold my breath. I accept I have to as a LL and will register.

Michael Barnes

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12:34 PM, 28th May 2018, About 7 years ago

Reply to the comment left by Michael Barnes at 28/05/2018 - 10:52
and therefore we (probably) do not need to check their policies etc

I think now that that was an incorrect statement.
We still need to check that they have appropriate data protection policies and data usage statements, because they have to comply with the requirements but they do not have to register.

TheMaluka

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13:21 PM, 28th May 2018, About 7 years ago

It is probably that 99% of businesses, including me, will not be fully compliant. This is because we are all amateur Data Processors and often do not know when we are doing things incorrectly. If the ICO prosecutes all transgressors there is no need to worry for the waiting time for a court appearance will be longer than the average lifetime, thanks to this clever government closing half the courts.

Ian Narbeth

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19:15 PM, 29th May 2018, About 7 years ago

Reply to the comment left by David Price at 28/05/2018 - 13:21
David you are right and I touched on this before: https://www.property118.com/dont-think-need-concerned-gdpr/comment-page-2/#comments. In theory, the ICO might be used to catch Al Capone-type offenders (we can't get the company for what we think it is doing but let's hit them with a massive fine for data breaches). I'm not very happy about that as it gives rather too much discretion to the guys in charge. (Think about it - the power of life and death over the majority of businesses!) However, we'll have to wait and see how that power is used.

Mike

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11:44 AM, 23rd July 2018, About 6 years ago

Hi everyone, I hope you now have all been registered for Data protection, I haven't got registered yet, I wrote a letter to ICO, (by email) and today I get a reply from their team.

I had written to them regarding the fact that if I register, and give them my details, or my personal details, they would be exposing my personal details on their public register, i.e. my name, my phone number, my home address as I am a sole trader, for every Tom, Dick & Harry to see it and use it for unlawful purpose, including ID theft.

here is their reply:
Thank you for your email and please accept our apologies for the delay in the reply.

In respect of the registration process for a sole trader, there is now the facility to enter "withheld" in the first line of the organisation address and "United Kingdom" in the country box as an alternative to a home address.

We hope this clarifies the situation for you but if you wish to discuss this further please contact the Registration helpline on 0303 123 1113.

Regards

Registration Team

Dennis Leverett

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12:15 PM, 23rd July 2018, About 6 years ago

At least you got an answer. I e mailed 2 months ago with specific questions about whether I should register or not and still have not had a reply so haven't registered.

Hamish McBloggs

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12:15 PM, 23rd July 2018, About 6 years ago

Reply to the comment left by Mike at 23/07/2018 - 11:44
I sent this ...

Dear Sirs,

I have 1 request and 1 question.

REQUEST

My personal data is available for ID theft.

Please make my data unavailable.

Please withhold my data from casual theft. I do not consent to its public availability.

QUESTION

Companies House publish my data.

I was not consulted when changes were made by Companies House to make data free for casual browsing.

I do not consent to my personal data and non-redacted signature being freely available for ID theft.

To illustrate my point I attach Sir Peter Osborne's signature.

Why are Companies House exempt and fall outside GDPR the rules I now abide by?

Love and kisses

Hamish

Mike

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18:17 PM, 23rd July 2018, About 6 years ago

Reply to the comment left by Hamish McBloggs at 23/07/2018 - 12:15
Amazing, how companies house can actually encourage one to commit fraud, not only that the information on companies house is available to anyone and so you can spy on your rival business! like who is a director, secretary, what was their turn over, how many loans they have taken etc etc. available for free for anyone, no questions asked why you need such information.

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