Consent GDPR
The issue of Tenant consent being implied, or contractual, explicit could be a grey area and non-compliant. It could be argued I do not need their consent -
- They have applied for a tenancy so therefore a reasonable expectation I shall vet them.
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I am their Landlord / Agent I have a requirement to use their data so I can fulfil my contractual legal obligations.
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They have left [done a runner] and owe me £5,000 the law demands I have an address so I can sue them - therefore I can trace them.
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All the above plus more could be valid reasons but it only takes one argument to put you in breach of this legislation. GDPR
Read More
- PIMS Consent Form Members Download here Non Member sample here
Example as defined by Antony Collins Solicitors
‘Consent’ is not defined in the Data Protection Act. However, the European Data Protection Directive (to which the DPA gives effect) defines an individual’s consent as:
“…any freely given specific and informed indication of his wishes by which the data subject signifies his agreement to personal data relating to him being processed."
The ICO has said that the fact that an individual must ‘signify’ their agreement means that theremust be some active communication between the parties. An individual may ‘signify’ agreement other than in writing, but organisations should not infer consent if an individual does not respond to a communication – for example, from a customer’s failure to return a form or respond to a leaflet.
Consent must therefore be freely given, specific and informed. If tenants do not have a real
choice about whether or not their personal data is processed, and if they are not able to withdraw consent if they want to, without detriment, then any ‘consent’ they may have given will not meet the requirements of the DPA.