Q&As

Are there General Data Protection Regulation issues to consider in the context of a landlord or managing agent passing information in respect of a tenant(s) to their legal advisers in respect of a proposed vacant possession strategy or providing other legal advice in connection with the enforcement of tenant covenants in a lease and a bailiff or enforcement officer for the purposes of recovering rent arrears?

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Published on LexisPSL on 14/06/2018

The following Property Q&A provides comprehensive and up to date legal information covering:

  • Are there General Data Protection Regulation issues to consider in the context of a landlord or managing agent passing information in respect of a tenant(s) to their legal advisers in respect of a proposed vacant possession strategy or providing other legal advice in connection with the enforcement of tenant covenants in a lease and a bailiff or enforcement officer for the purposes of recovering rent arrears?

Are there General Data Protection Regulation issues to consider in the context of a landlord or managing agent passing information in respect of a tenant(s) to their legal advisers in respect of a proposed vacant possession strategy or providing other legal advice in connection with the enforcement of tenant covenants in a lease and a bailiff or enforcement officer for the purposes of recovering rent arrears?

For an outline of the effect of the General Data Protection Regulation, (Regulation (EU) 2016/679) (the GDPR), see Q&A: How does the General Data Protection Regulation impact on property owners and managers?

As that Article set out, personal data is widely defined and means any information relating to an identified or identifiable natural person, known as the ‘data subject’. Clearly, a tenant could fall within this wide definition. The tenant’s personal data would extend to the address at which he or she lived, the existence of rent arrears, credit checks which had been carried out, references provided by third parties (who in turn would fall within the definition) and any court proceedings. Processing is even more widely defined, extending to ‘any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission,

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