Record Keeping Under Gdpr
One of the major changes brought about by GDPR is that (unlike under previous data protection legislation) a Data Controller, such as a landlord or managing/letting agent must keep proper records of the data processing they carry out. This can be done in electronic form or written form. Records must be kept up to date.
WARNING: Preparing the record is your legal responsibility.
Who does this apply to?
In reality it applies to all landlords and agents. There are exemptions but they are limited so in practice it means that everyone has to keep this record.
What are the exemptions?
Even though it is most unlikely that you will be exempt there can be exemptions which apply where you process (handle) data. To qualify for the exemption all of the following must apply -
- All processing must be occasional - however, guidance (such as it is) says that to qualify under this heading it has to be very infrequent. On the basis that landlords will receive rent and update your rent records regularly, monthly or even quarterly, this will not be occasional so you would not qualify for an exemption. Agents will regularly process data anyway.
- Processing (handling) does not interfere with the rights and freedoms of the data subject - this covers more intrusive handling of data and could sometimes arise for landlords, and
- You are not handling special category (sensitive) personal data, e.g. information about health or disability.
You only have to process data within one of these categories to loose the benefit of the exemption.
The fact that landlords and agents will be regularly processing data about their tenants etc., means that in practice this exemption is no use, so it follows that you will need to maintain records.
Help from the RLA
To help you do this the RLA has prepared two model forms for recording your data processing activities. Landlord Record of Data Processing Activities, Click here. Record of Agent Data Processing Activities Click here.
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