Sefton Council and the Surveillance State

Hi Larry,

I have obviously had to study the new GDPR regulations and my interpretation would not concur with Sefton Council's.

They would have to show a need for processing the info outside their region. Accuracy is only required after you show a need or that the information is given with consent.

Yes Neil.
Sefton are wrong on 2 fronts. Firstly this data collection cannot be justified. The DPA principles are clear. Furthermore Sefton cannot justify such an intrusive data collation scheme and even if it was justified, which it is not, its back to my point about keeping the data up to date and accurate. Its impossible to do so as there is no legislation requiring landlords to inform these honchos everytime we make an aquisition or disposal. Perhaps most worrying is that despite this obvious clanger which they have dropped, the Zealots plough on, instead of immediately deleating this clause which will cost them dearly. Sorry not cost the Honchos, rather the tax payer.

Larry

See the Regulations below, it's all online.

The Licencing and Management of Houses in Multiple Occupation and Other Houses (Miscelaneous Provisions) (England) Regulations 2006

Schedule 2 - Contents of applications under sections 63 and 87 of the Act

Section 2, paragraph (e)

details of other HMOs or houses that are licenced under Part 2 or 3 of the Act in respect of which the proposed licence holder is the licence holder, whether in the area of the local housing authority to which the application is made or in the area of any other housing authority.

I don't think it's a case of Sefton unnecessarily requiring excessive amounts of information, rather them being obliged to request it by the above regulations. As for GDPR, I'm not sure but would guess that this would fit under one of the exemptions.

James its Rubbish. Look at the DPA ,Furthermore how are Sefton supposed to keep the info up to date and accurate. I doubt any landlords apart from a chap I know called Michael will want to get involved helping the Council remain GPPR compliant, by informing them every time they complete a transaction in another area. Utter Tosh and incidentally Sefton quoted that same piece to me but failed to explain how this data will be kept up to date and accurate.

Reply to the comment left by Larry Sweeney at 03/09/2018 - 10:55
It'll be interesting to see of GDPR and HMO Licencing Regulations are found to be in conflict with each other, as I've said above though I expect the information in question will fall under an exemption. You could if you chose to withhold the information but you would then be submitting an incomplete application which might prevent you from ultimately completing the licence application and receiving a licence.

James.
You are missing my point. Even if a landlord acceeded to this stupid request, how can the Council Stasi maintain the data as accurate unless landlords inform them every time they0 purchase or dispose of a property. Not going to happen therefore the Council with their unreasonable demand for excessive information put themselves at odds with GDPR legislation and expect Landlords to help them remain compliant. Absolute Farce. Perhaps the best bit is Sefton ploughing on ,digging deeper.

Reply to the comment left by Larry Sweeney at 03/09/2018 - 12:09
I do see your point, the data given on your application becomes inaccurate the moment you acquire or dispose other properties. I just don't think there's an argument that it's unreasonable or excessive to require information they're legally obliged ask for.

Larry you are exacting. There is a conflict between the two pieces of legislation (HHSRS2004&GDPR), which will take precedent is not for us to decide but to reasonably take a view. The Judiciary will argue it out. My personal view is that if I am to make disclosure in order that Sefton MBC remain complainant with GDPR I will charge fees remonstrative with my professional accountancy fees. If they decline payment to me I shall decline to voluntarily make disclosures pertaining to acquisitions or disposals of my property. It will leave the Council in an awkward position as they either accept they cannot maintain accurate data or they accept they collected data they could not maintain in accord with GDPR. We must never lose site that Licensing Perse has neither improved housing standards or increased convictions of unfit landlords.

Larry,
Is this HMO licensing?

James' quote of regulations suggests it is only a requirement for HMO licences.

Good point Michael. These regs allude to HMO licensing but in this case its not HMO but selective licensing. They seem to want to apply this accross the board.