Data Protection Act - will I breach my tenants rights?
Discussion
I have an apartment which is tenanted out to an old 80+ fella.
He's absolutely no trouble, however there has been a few problem neighbours which has prompted the building management company to make a request.
They've asked me to provide full details of who my tenant is.
As I'm the landlord, surely the buck stops with me if I have a problem tenant. I don't see why I should subject my tenant to an invasion of his privacy? If I make this information available to them, would I be in breach of the data protection act?
He's absolutely no trouble, however there has been a few problem neighbours which has prompted the building management company to make a request.
They've asked me to provide full details of who my tenant is.
As I'm the landlord, surely the buck stops with me if I have a problem tenant. I don't see why I should subject my tenant to an invasion of his privacy? If I make this information available to them, would I be in breach of the data protection act?
The DPA is widely misunderstood. It does not necessarily operate as a bar on using information. A person's name is not a secret. In the context of a landlord having a note of a tenant's name, that probably doesn't even meet with the definition of data anyway (it might do if part of a relevant filing system, as defined in the Act).
I regard FOIA as a splendid and useful piece of legislation, but the DPA as mostly useless and a pain, especially as almost everyone who has anything to do with it misinterprets it.
I regard FOIA as a splendid and useful piece of legislation, but the DPA as mostly useless and a pain, especially as almost everyone who has anything to do with it misinterprets it.
Edited by anonymous-user on Tuesday 8th April 06:56
What details are they after and why?
They know where he lives, if they need to write to him 'the Occupier' will suffice and if they need his name they can refer to the electoral roll.
If your contract with the management company reasonably requires you to disclose his name, ask him for his permission.
At most my interest would be first to ask the management company what the problem is and decide from there.
They know where he lives, if they need to write to him 'the Occupier' will suffice and if they need his name they can refer to the electoral roll.
If your contract with the management company reasonably requires you to disclose his name, ask him for his permission.
At most my interest would be first to ask the management company what the problem is and decide from there.
Breadvan72 said:
The DPA is an appalling piece of drafting and exemplifies the defects of most modern legislation. Not so long ago, legislation was clear and succinct, and occasionally it still is (see the Defamation Act 2013 for an example of good drafting), but most modern legislation is rubbish.
IANAL but the DPA only covers info held on computer systems as I understand it, if you just have his name and address on a piece of paper in a file it's not covered, or have I got that wrong or its been changed?jesta1865 said:
Breadvan72 said:
The DPA is an appalling piece of drafting and exemplifies the defects of most modern legislation. Not so long ago, legislation was clear and succinct, and occasionally it still is (see the Defamation Act 2013 for an example of good drafting), but most modern legislation is rubbish.
IANAL but the DPA only covers info held on computer systems as I understand it, if you just have his name and address on a piece of paper in a file it's not covered, or have I got that wrong or its been changed?jesta1865 said:
Breadvan72 said:
The DPA is an appalling piece of drafting and exemplifies the defects of most modern legislation. Not so long ago, legislation was clear and succinct, and occasionally it still is (see the Defamation Act 2013 for an example of good drafting), but most modern legislation is rubbish.
IANAL but the DPA only covers info held on computer systems as I understand it, if you just have his name and address on a piece of paper in a file it's not covered, or have I got that wrong or its been changed?littleredrooster said:
jesta1865 said:
Breadvan72 said:
The DPA is an appalling piece of drafting and exemplifies the defects of most modern legislation. Not so long ago, legislation was clear and succinct, and occasionally it still is (see the Defamation Act 2013 for an example of good drafting), but most modern legislation is rubbish.
IANAL but the DPA only covers info held on computer systems as I understand it, if you just have his name and address on a piece of paper in a file it's not covered, or have I got that wrong or its been changed?jesta1865 said:
Breadvan72 said:
The DPA is an appalling piece of drafting and exemplifies the defects of most modern legislation. Not so long ago, legislation was clear and succinct, and occasionally it still is (see the Defamation Act 2013 for an example of good drafting), but most modern legislation is rubbish.
IANAL but the DPA only covers info held on computer systems as I understand it, if you just have his name and address on a piece of paper in a file it's not covered, or have I got that wrong or its been changed?A note re "IANAL": Why do people feel this compulsion to make inaccurate statements about the law based on something that they may have overheard at work/on the bus/in the pub/on the internet? Law is not just for lawyers, and I am strongly in favour of non lawyers knowing the law (this being one of the reasons why I post in here), but couldn't people at least look stuff up before they start giving out potentially misleading info?
jesta1865 said:
yes, he also says, as defined in the act? hence my question as I am at work and can't get to the info, are paper records now covered by the DPA?
Some paper records always have been (but not every record falls within the Act). The Act is freely available on the Government website.Breadvan72 said:
jesta1865 said:
yes, he also says, as defined in the act? hence my question as I am at work and can't get to the info, are paper records now covered by the DPA?
Some paper records always have been (but not every record falls within the Act). The Act is freely available on the Government website.also i was told a while back by a solicitor that the DPA (possibly in an earlier form, hence my question) only covered computerised records.
i put IANAL as then you wouldn't assume i was and spouting crap, if i could get to the DPA at work I would have read it and not posted the question.
oh and yes i see the oddness / irony of being able to get to pistonheads at work but not government websites, some other odd sites are blocked as well.
My default assumption is that everyone in here is not a lawyer and is spouting crap 24/7, except for the very few actual lawyers (there are many three or four of those?) and well informed lay people like 10PS and a few others.
I ask again, why say "it's X" unless you know it's X? If you need to check first, check first.
I ask again, why say "it's X" unless you know it's X? If you need to check first, check first.
In a nutshell the DPA is, collect data that's relevant, treat it as securely as you would do with your own personal data, only share information where there is a cause, and as long as it won't cause distress blah blah blah.
Essentially, you're fine to give it out, you're also fine to refuse.
On one hand, they are an organisation who already provides a service for your tenant, as such you can provide them with that information. There's very little likelihood that it would be misused, and dependant on the situation, it could be in your tenants best interest. It could also be argued that in your profession, fair processing of the information could include passing your tenants name on to the maintenance company.
On the other hand,
If you are paying the maintenance fee, their contract is with you, and as such they don't need information on your tenant, they can still contact them as required without his name.
As BV said, the DPA is a vague as hell act, they don't specify what is fair processing, they're very vague with what is a filing system (afaik throwing completed paperwork into a cupboard blindly could potentially still be called a filing system).
If you can access it, this is a decent resource: http://ico.org.uk/for_organisations/data_protectio...
If you're still not sure if you should or not, ring him and ask permission. Chances are he'll be ok with it.
Essentially, you're fine to give it out, you're also fine to refuse.
On one hand, they are an organisation who already provides a service for your tenant, as such you can provide them with that information. There's very little likelihood that it would be misused, and dependant on the situation, it could be in your tenants best interest. It could also be argued that in your profession, fair processing of the information could include passing your tenants name on to the maintenance company.
On the other hand,
If you are paying the maintenance fee, their contract is with you, and as such they don't need information on your tenant, they can still contact them as required without his name.
As BV said, the DPA is a vague as hell act, they don't specify what is fair processing, they're very vague with what is a filing system (afaik throwing completed paperwork into a cupboard blindly could potentially still be called a filing system).
If you can access it, this is a decent resource: http://ico.org.uk/for_organisations/data_protectio...
If you're still not sure if you should or not, ring him and ask permission. Chances are he'll be ok with it.
jesta1865 said:
i didn't make a statement I asked a question and I can't check, yet again I say I can't get to the sites as they are blocked at work, as I'm not home till Friday I thought it was fair enough to ask a question, or is that now frowned upon by PH.
jesta1865 said:
IANAL but the DPA only covers info held on computer systems as I understand it, if you just have his name and address on a piece of paper in a file it's not covered, or have I got that wrong or its been changed?
That's a statement, followed by another statement, and then a question is tacked on. The trouble with this sort of thing is that it helps to spread pub mythery.You spouted BS. You got called out on your BS. Carry on digging if you like. It's funny.
I make no apology for being grumpy about this. IANAL is not a get out of jail free card for unlimited tosh. If you don't know what you're talking about, why talk?
Edited by anonymous-user on Tuesday 8th April 11:41
Breadvan72 said:
That's a statement, followed by another statement, and then a question is tacked on. The trouble with this sort of thing is that it helps to spread pub mythery.
You spouted BS. You got called out on your BS. Carry on digging if you like. It's funny.
I make no apology for being grumpy about this. IANAL is not a get out of jail free card for unlimited tosh. If you don't know what you're talking about, why talk?
This should pop up before ANY post is made!You spouted BS. You got called out on your BS. Carry on digging if you like. It's funny.
I make no apology for being grumpy about this. IANAL is not a get out of jail free card for unlimited tosh. If you don't know what you're talking about, why talk?
Edited by Breadvan72 on Tuesday 8th April 11:41
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