RLA : RPI : >Data services cause personal problems

News from the Residential Property Investor, the bi-monthly magazine for RLA members

other artilces from the October / November 2000 issue

Data services cause personal problems - October / November 2000

Landlords using letting agents who find themselves in dispute with tenants could end up on a new industry 'black list'.

Launched by the Association of Residential Letting Agents, the database of problem tenants and landlords will be accessible to its 600 members. 'A landlord may be placed on the list if there is sufficient evidence to show that his or her conduct is inappropriate', confirmed an ARLA spokesperson.

ARLA has gone to some lengths to comply with the country's recently upgraded data protection laws and has amended its Data Protection Registration to allow it to operate the database. But there are suggestions that those behind some of the growing number of other industry databases may not have been so punctilious.

Landlords and tenants recognise a need for credit and other checks to be made. But The Data Protection Ac 1998, which came into force on 1 March, imposes a long list of requirements on businesses providing such information.

The central principle of the Act 'is that every bit of personal information a business holds is the property of that individual'.

Anyone processing personal data must comply with the eight enforceable data protection principles which require that data is: processed fairly and lawfully; for limited purposes; adequate, relevant and not excessive; accurate; not kept longer than necessary; processed in accordance with the subject's rights; secure; and not transferred to countries without adequate protection.

'Although the Act has guidelines that we must all conform to, cases are always treated on individual merit', Sarah Smith of the Data Protection Commission told RPI. The Commission is always willing to advise on matters such as establishing data bases, she said.

There are suggestions that some database operators would be hard put to meet the relevance test, or to prove that information has not been kept longer than necessary.

'We have received complaints and heard people expressing their concern regarding some databases; this situation is causing great concern to the Commission', said Smith.

RLA Council member Alan Ward said: 'We have been looking at the possibility of a database of this kind but at present have concluded that this is a legal minefield. I would say however, we will still advise all of our members to check references, always have credit references and look towards guarantors for certain markets such as students'.

Geoffrey Woodcock who runs the Residential Landlord's databank, said he has worked with the Data Protection Commission for a year to make sure it complies fully with the law.

Meanwhile the Internet service LandlordsData.com has run into criticism from Shelter and housing associations for effectively blacklisting tenants with its scoring system. But, claimed landlord Paul Routledge who runs the service, it 'is the only recognised national (Commission of Data Protection Approved) tenant tracking system in the UK' and 'will continue to assist landlords and tenants'.

Landlords worried about information held about themselves can demand, for a nominal fee, to see details and to have any factual errors corrected.

Information and reference company Experian has produced A simplified guide to the Data Protection Act 1998, a free 16 page booklet which can be obtained by ringing 0115 992 2555. Details are also available on the Data Commissioner's website at www.dataprotection.gov.uk while queries can be directed to The Office of the Data Protection Commissioner, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.

other artilces from the October / November 2000 issue