The Data Protection Commission has issued guidance on requesting personal data from prospective Tenants.
Is a Landlord a Data Controller?
Under the General Data Protection Regulation (GDPR), landlords are also data controllers and must comply with a range of obligations regarding their collection and use of personal data in the same way as any other data controller.
Applying the Principles
According to the Data Protection Commission when applying the principles of Data Protection landlords must consider;
- “Is the individual from whom personal data is being requested just one of many prospective tenants, or someone to whom a tenancy offer is being/will be made?
- What is the purpose of collecting these personal data?
- Is there a legal basis for the collection of every item of personal data which is being requested?
- Is it fair to collect these personal data from the tenant/prospective tenant and is it clear to them why the request for such personal data is being made?
- Are the personal data the minimum necessary to achieve the purpose for which they are to be processed?
- How long will these personal data be stored for and why?
- How will these personal data be stored securely and handled confidentially?”
The full document can be seen here.
Understanding your obligations under GDPR to as a landlord does not have to be a minefield. Careful research and preparation and getting the right information from experts and translating that into a set of practical procedures that you can use can save you a lot of unnecessary worrying and unnecessary work.
If you would like to know more contact us on 01 9010152 or email us at firstname.lastname@example.org