Updating post from Reddit.
Can someone tell me if I need to register with the ICO as a data holder if I rent a property in Wales? I am registered with Rent Smart Wales and don't remember seeing this anywhere in the training. Also, I rent out a couple of other flats in England through a letting agent and I don't know any of the tenants' personal details so do I need to register for these? Bearing in mind I don't hold any data? TIA.
I've heard both Yes & No.
In one explanation, they stated that it is not the case if you are handling everything by yourself. However, if you are processing tenant information through a third party (like OpenRent) for referencing, then you would.
OK interesting thanks.
OpenRent have a GDPR Guide that does go on to say:
>Landlords are controllers of personal data and need to be GDPR compliant. Specifically, this means it is recommended to take the following steps: > - Register with the Information Commissioner’s Office (ICO). > - Carry out a review of the personal data you capture, store and process. This will usually be personal data about tenants and guarantors, and your review should also consider who else you might share it with (e.g. with an engineer who will be attending your property). > - Following your review, provide tenants and guarantors with a privacy notice explaining what personal data about them you collect and how you use it. This should be given to tenants as soon as possible when they first contact you, as well as to any existing tenants. > - Anyone you share personal data with should have an agreement with you to clarify that they only use it for its intended purpose.
I'd note that its not just an OpenRent thing but would apply if you use other providers too to process data.
However, if you are useing a letting agent and they are doing eveyrthing for you. You woudnt be the data controller and woudnt need ICO Registration.
Yes. I think it's an ex exception where a landlord wouldn't need to be registered.
ok thank you. If I did decide to manage those flats myself I'd then need to register? Do you have an idea of the cost please?
It's nominal. I think like £20. It's basically a government form filling exercise. They're never going to come for small landlords.
The process was introduced mainly for larger corporate businesses who handle large volumes of data
Thanks, yes that what it looks like. I did start to complete the registration form but felt it didn't look relevant to my situation.