Why a Tenant data base is not illegal

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M
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Dear fellow landlord,
As you know I am try to produce a tenant data base, but I am fully aware that many of you have concerns in regards the Data Protection Act, so I have posted this accordingly to address this issues.

Under the 1998 Data Protection Act, Data is classified as
1. Information processed by automatic equipment
2. Information recorded so as it can be processed by automatic equipment
3. Information added to a relevant filing system
4. Information as part of a health record
5. Information as part of an educational record
6. Information that is an accessible public record

Clearly point 1, 2, 4, and 5 don’t apply. Point 6 does not apply as this information is only being sent to Accredited Landlords and hence is not accessible to the general public. Finally providing the information is kept for your own personal use and not added to a relevant filing system, the 1998 Data Protection Act does not apply to this tenant check list.

Further more even if you still feel any of the above apply (or you need to add it to a relevant file) then you will be reassured to know that under Part IV, Section 29, 1a) of the 1998 Data Protection Act this list is exempt from the act as it is produced for the “purpose of the prevention or detection of crime.” After all is not the whole point of this list so as we can prevent a crime from taking place (regardless to whom) e.g. Racist Acts, Fraud, illegal occupation, Harassment, breach of contract law, etc.

If you would like further information on the act (or to confirm what I am saying) then you can view the whole act for free at

http://www.opsi.gov.uk/acts/acts1998/19980029.htm

Kevin Peake
If you would like to join this list of receivers then please send an email to Kevin.peake@ntlworld.com

PS You need to have posted at least once already on this forum so as I can confirm you are a member.
PPS you might be interested to know that a similar scheme already exists at
http://www.referenceyourtenant.co.uk/reference-view.asp?RefID=7
but this one is free!

04/06/2006 00:00

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