GDPR/ moral advice please
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fastbikes76

Original Poster:

2,450 posts

152 months

Tuesday 29th May 2018
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My close friend has just messaged saying he has had an offer accepted on his first house. All happy and excited I asked him to send a link to check it out. Turns out I know the property as I have done work there 2 years ago for our company.

The property has oil fired central heating and both the boiler and oil tank are in dire need of replacement, CIRCA £8000 worth of work. Looking at the EA photos neither have been done despite me reporting to owner it needed doing ASAP.

Being a measly oil man I know GDPR protects personal information about people, but in the case above does that extend to passing on such knowledge about the actual property? They have offered at full asking but an extra 8k will be a deal breaker if needed from the off.

Any GDPR experts who can guide me on the legal side rather than the moral side ?

Regards
Fb

bitchstewie

67,756 posts

240 months

Tuesday 29th May 2018
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From the photos you saw it's it simply that the boiler and oil tank look a bit ropey so you simply pointed out to your friend the potential cost of replacement?

I'd also assume GDPR isn't retrospective so if you'd discussed with your friend before the 25th etc.

Gavia

7,627 posts

121 months

Tuesday 29th May 2018
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Yes, GDPR is designed to prevent any of us ever having a discussion again about anything. I think that this topic breaches GDPR too.

Honestly, the panic over this new law is ridiculous. Just tell your friend what you know, it’s his decision how he deals with it.

fastbikes76

Original Poster:

2,450 posts

152 months

Tuesday 29th May 2018
quotequote all
bhstewie said:
From the photos you saw it's it simply that the boiler and oil tank look a bit ropey so you simply pointed out to your friend the potential cost of replacement?

I'd also assume GDPR isn't retrospective so if you'd discussed with your friend before the 25th etc.
Photo of oil tank still visible, I may have asked him what boiler it had though and definitely before the 25th scratchchin

spookly

4,391 posts

125 months

Tuesday 29th May 2018
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GDPR only relates to personal data.... ie. data relating to a person. Boilers are not protected by GDPR.

fastbikes76

Original Poster:

2,450 posts

152 months

Tuesday 29th May 2018
quotequote all
Gavia said:
Yes, GDPR is designed to prevent any of us ever having a discussion again about anything. I think that this topic breaches GDPR too.

Honestly, the panic over this new law is ridiculous. Just tell your friend what you know, it’s his decision how he deals with it.
Well thanks for your ever useless contribution as always.

There’s a vast difference between being worried about nothing and giving out specific information about someone’s private property after THEY have paid me as a trader to do works for them. It’s only information that someone who has been inside their house could know and could potentially cost them the sale of their house. Not everyone would be happy with that.


fastbikes76

Original Poster:

2,450 posts

152 months

Tuesday 29th May 2018
quotequote all
spookly said:
GDPR only relates to personal data.... ie. data relating to a person. Boilers are not protected by GDPR.
Thank you, it’s what I’m trying to establish for certain without the usual idiots chiming in to boost post counts rolleyes

Gavia

7,627 posts

121 months

Tuesday 29th May 2018
quotequote all
fastbikes76 said:
Gavia said:
Yes, GDPR is designed to prevent any of us ever having a discussion again about anything. I think that this topic breaches GDPR too.

Honestly, the panic over this new law is ridiculous. Just tell your friend what you know, it’s his decision how he deals with it.
Well thanks for your ever useless contribution as always.

There’s a vast difference between being worried about nothing and giving out specific information about someone’s private property after THEY have paid me as a trader to do works for them. It’s only information that someone who has been inside their house could know and could potentially cost them the sale of their house. Not everyone would be happy with that.
Boohoo, I did actually state exactly what you should do, alongside the fact that you’re massively overplaying something that doesn’t matter. Why do you think GDPR somehow makes this impossible, whereas previous data protection laws didn’t? The simple answer is that it doesn’t and you’re being ridiculously cautious.

Dromedary66

1,924 posts

168 months

Tuesday 29th May 2018
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If he has offered the asking price then there is presumably a lot of interest in the property. If I was the vendor and heard the prospective buy asking for me to sort the boiler out to the tune of £8,000 I'd be leaving the property on the market and taking more viewings.

QuickQuack

2,817 posts

131 months

Tuesday 29th May 2018
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GDPR only applies to personal data being used for marketing purposes. You can tell your friend everything you know about the place including the owner/s.

Jasandjules

72,606 posts

259 months

Tuesday 29th May 2018
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GDPR does not apply. However you said this information was obtained during your employment, this may be an issue.

nikaiyo2

5,959 posts

225 months

Tuesday 29th May 2018
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fastbikes76 said:
Thank you, it’s what I’m trying to establish for certain without the usual idiots chiming in to boost post counts rolleyes
No.

If you had taken the house holders name and phone number passed them on to your mate and told him they had a boiler issue and to low ball them, you might have an issue.

ferret99

8 posts

148 months

Tuesday 29th May 2018
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Irrespective of whether GDPAr applies, you’ve undertaken a paid for service (delivering oil) and I would expect that there is an implied term of confidentiality in that meaning you shouldn’t be free to disclose anything you learned whilst carrying out that service. Passing on what you know about the tank could be a breach of that duty of confidence.

fastbikes76

Original Poster:

2,450 posts

152 months

Tuesday 29th May 2018
quotequote all
Jasandjules said:
GDPR does not apply. However you said this information was obtained during your employment, this may be an issue.
This is the part I need to find a definitive answer to. The only way I came across the info was while I was carrying out work there previously, which they paid me for. Its not the kind of thing you could see or pick up on without having been inside their house. Given that's a personal space and I was there as a paid workman is what concerns me.

Resolutionary

1,536 posts

201 months

Tuesday 29th May 2018
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QuickQuack said:
GDPR only applies to personal data being used for marketing purposes. You can tell your friend everything you know about the place including the owner/s.
Not quite. The GDPR applies to any personal data - that is data which can be used to identify a living person. PECR regulates marketing activities.

TooLateForAName

4,930 posts

214 months

Tuesday 29th May 2018
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Leaving aside the GDPR stuff, I hope your mate has offered subject to survey?

And he will be getting someone to check the state of the electrics/heating etc? Which will show up the issue

£8K seems a lot of money for a boiler and oil tank.

CrutyRammers

13,735 posts

228 months

Tuesday 29th May 2018
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Resolutionary said:
QuickQuack said:
GDPR only applies to personal data being used for marketing purposes. You can tell your friend everything you know about the place including the owner/s.
Not quite. The GDPR applies to any personal data - that is data which can be used to identify a living person. PECR regulates marketing activities.
Not just data which can be used to identify a person. Its more, data which is identifiable with a person.

williamp

20,415 posts

303 months

Tuesday 29th May 2018
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As someone who self-identifies as a boiler on a tuesday night, thank you for being so considerate OP

For the rest of you, consider yourself triggered biggrinbiggrinbiggrin

4x4Tyke

6,506 posts

162 months

Tuesday 29th May 2018
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spookly said:
GDPR only relates to personal data.... ie. data relating to a person. Boilers are not protected by GDPR.
This, but OP your employment contract probably includes a confidentiality clause.

Rude-boy

22,227 posts

263 months

Tuesday 29th May 2018
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Dromedary66 said:
If he has offered the asking price then there is presumably a lot of interest in the property. If I was the vendor and heard the prospective buy asking for me to sort the boiler out to the tune of £8,000 I'd be leaving the property on the market and taking more viewings.
OP.

This is a friend right? Not a casual aquaintance.

You offer your professional services to check the heating system out for him free.

You book and go round.

You give your fully documented and professional opinion to your friend.

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