Bank Statements, Utility Bills, and PSSN

usernamegoes

Interesting case study from the DPC that might be useful to some people here

TLDR; Landlord may only ask for these details after the tenant has been selected. I don't think this case study clarifies completely that the bank statement must be blanked out but on the same report in Case Study 3 the DPC made An Post require that bank statements be blacked out so I think they would extend that principle to this case.

P20 https://www.dataprotection.ie/docimages/documents/Annual%20Report%202014.pdf

In July 2014, a prospective tenant complained about the collection of bank details, PPS numbers and copies of utility bills by a letting agency when applying to rent a property.

The complainant stated that this information was in addition to the usual material, such as previous landlord’s reference, which one would expect to submit at application stage.

She stated that she believed that if she did not supply all of the sought data up-front, her application would not be seriously considered by the letting agency. The complainant said that the practice of collecting such a broad range of personal data forces prospective tenants who are desperate to rent a property to submit this personal information at application stage even though they do not know if their application will be successful.

She pointed out that the majority of applications are unsuccessful given the high demand for a limited supply of available rental properties in the Dublin area.

We commenced an investigation of the matter with the letting agency concerned, seeking an explanation for the collection of such a broad range of personal data at application stage.

In response, the letting agency said that it requested PPS numbers from applicants because this verifies that they are entitled to work in the state, and that bank details are required to show that a tenant has a bank account because they would be ineligible if they were not able to pay rent through a bank account.

We told the letting agency that we could not see any basis for collecting bank details, PPS numbers or copies of utility bills at application or property-viewing stage and we urged it to cease the practice immediately.

We questioned the letting agency further about using the PPS number to verify the applicant’s work status. It replied to the effect that the main reason it requests PPS numbers is that it is required for the Private Residential Tenancies Board (PRTB) registration form and it said that it cannot register a tenant without it. It went on to say that it is only an added assurance that the applicant is working and it stated that it does not verify the PPS number.

We accepted that personal data concerning bank details, PPS numbers and utility bills could be requested once the applicant had been accepted as a tenant. In October 2014, the letting agency confirmed, following our investigation, that it had ceased the requesting of this personal data prior to the property being let and it undertook that it would only request this information once the tenant had been accepted. The complainant informe us that she was very satisfied with the outcome of her complaint.

This case study is a classic example of the temptation of some data controllers to collect a whole range of personal data in case they might need it in the future. In this case, the letting agency collected a significant amount of personal data from every applicant who expressed an interest in renting a property even though, at the end of the process, only one applicant could be accepted as the new tenant and it was only in the case of that successful applicant that the full range of personal data was required.

Section 2(1)(c)(iii) places an obligation on data controllers to ensure that personal data which they process is adequate, relevant and not excessive in relation to the purpose or purposes for which it is collected or are further processed. Data controllers must be mindful of this requirement and abide by it despite the temptation for convenience or other reasons to embark on an unnecessary broad data collection exercise.

campingcarist

usernamegoes wrote: »

Interesting case study from the DPC that might be useful to some people here

Section 2(1)(c)(iii) places an obligation on data controllers to ensure that personal data which they process is adequate, relevant and not excessive in relation to the purpose or purposes for which it is collected or are further processed. Data controllers must be mindful of this requirement and abide by it despite the temptation for convenience or other reasons to embark on an unnecessary broad data collection exercise.

I would have thought if a landlord was giving someone exclusive use of his property valued at over 100k (and often considerably more) for a year or more then that was a good reason for such information and and that it was relevant and not excessive in relation to the purpose and value of the property rented. Obviously, I'm wrong. Glad I'm no longer a landlord.

Avada

campingcarist wrote: »

I would have thought if a landlord was giving someone exclusive use of his property valued at over 100k (and often considerably more) for a year or more then that was a good reason for such information and and that it was relevant and not excessive in relation to the purpose and value of the property rented. Obviously, I'm wrong. Glad I'm no longer a landlord.

It is relevant, but only once they are actually renting to the person. The complaint was that the data was being collected before actually being selected as the tenant. Landlords are still fine to collect the data, but only after they actually offer the property to the prospective tenant.

sasta le

How is all thesr data stored and protected?

MarkAnthony

Rookie mistake by a barrack room lawyer EA. The bank statement is perfectly fine to collect at the application stage if it's being used to assess income and is part of the application process.

I do wish prospective tenants would realise, every time someone wins one of these 'victories' over minutia, landlords find a roundabout way of doing something and pass the cost and delay on to the tenant.

There isn't enough protection for tenants in this country, but neither are there the tools for LL's either. A proper credit referencing system needs to be introduced. As for the storage of data, why does everyone assume a 'proper' encrypted corporate system is better than a filing cabinet in Pratt and Sons on the Malahide Road? How many high profile data breaches have there been to 'proper' data systems vs how many filing cabinets nicked?

This Irish obsession with data protection on the one hand, and giving out over the inconvenience of proper protection while simultaneously posting every facet of their lives on social media get's right on my nerves. No one cares you bought a dildo two years ago or you subscribe to brazilian fart porn.

iainBB

Hold on

You can ask for the details after the candidate has been selected,

this is catch 22 really. what if after the selection of the individual the landlord asks for the details and then something is up with them.

can you reject an individual on the basis of that information.

iainBB

iainBB wrote: »

Hold on

You can ask for the details after the candidate has been selected,

this is catch 22 really. what if after the selection of the individual the landlord asks for the details and then something is up with them.

can you reject an individual on the basis of that information.

Exactly.

I'd refuse to provide a bank statement to any LL or letting agent at any stage of the process and if they ask me once I'm accepted as a tenant and I refuse what can they do, I'm already their tenant.

Carawaystick

iainBB wrote: »

Hold on

You can ask for the details after the candidate has been selected,

this is catch 22 really. what if after the selection of the individual the landlord asks for the details and then something is up with them.

can you reject an individual on the basis of that information.

You can lease your land stating the lessor has to supply the data or the lease will be invalid, after you select the lessor.

ted1

So is the perspective tenant is still living with her parents or has she found a landlord willing to take her ?

MarkAnthony

Luke Fresh Mate wrote: »

Exactly.

I'd refuse to provide a bank statement to any LL or letting agent at any stage of the process and if they ask me once I'm accepted as a tenant and I refuse what can they do, I'm already their tenant.

Reject you as a tenant in exactly the same way a job would reject you if they went for references and they came back saying you were a sticky fingered loon.

You can also be asked to vacate for any reason during the first 6 months, so all LLs need to do is stop using fixed term tenancies and go straight to Part IV which is what I do.

Fixed term leases are pointless in this climate but that's a different thread.

But Victory, victory for tenants rights! Yay! :rolleyes:

Sorry but I'm getting really tired of all this wasted effort and energy going into 'fixing' things that aren't broken when the system is falling in around our ears. This is the equivalent of a nice lamp shade going in as the water pours down the walls.