Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie

Can a landlord share personal information.

Options
  • 30-09-2018 10:30am
    #1
    Registered Users Posts: 16


    Landlord shared my personal information. ( Email address, which college I go to and where I work.) Is that legal?
    Should I confront him about it?


«13

Comments

  • Moderators, Society & Culture Moderators Posts: 38,601 Mod ✭✭✭✭Gumbo


    Tiki90 wrote: »
    Landlord shared my personal information. ( Email address, which college I go to and where I work.) Is that legal?
    Should I confront him about it?

    Who did he/she share it with?


  • Registered Users Posts: 3,100 ✭✭✭Browney7


    Tiki90 wrote: »
    Landlord shared my personal information. ( Email address, which college I go to and where I work.) Is that legal?
    Should I confront him about it?

    Who did he share it with?


  • Registered Users Posts: 25,755 ✭✭✭✭Mrs OBumble


    Who'd he share it with? Was it necessary for managing uour tenancy? Eg it would be perfectly reasonable to share with a person coming to do maintenance on the house.


  • Moderators, Society & Culture Moderators Posts: 17,642 Mod ✭✭✭✭Graham


    Who'd he share it with? Was it necessary for managing uour tenancy? Eg it would be perfectly reasonable to share with a person coming to do maintenance on the house.

    Why would someone coming to do work on the house need to know where you go to college/work?


  • Closed Accounts Posts: 6,750 ✭✭✭Avatar MIA


    Eg it would be perfectly reasonable to share with a person coming to do maintenance on the house.

    Where the OP works and goes to college?


  • Advertisement
  • Closed Accounts Posts: 3,378 ✭✭✭CeilingFly


    What are you hiding?

    You probably have the same info on Facebook or LinkedIn yourself.

    I'm guessing he passed it on to a utility or someone looking for you for some reason.


  • Registered Users Posts: 33,519 ✭✭✭✭dudara


    CeilingFly wrote: »
    What are you hiding?

    You probably have the same info on Facebook or LinkedIn yourself.

    I'm guessing he passed it on to a utility or someone looking for you for some reason.

    That may be true, but under GDPR the landlord is now a data controller and has to act accordingly.

    But in order to answer the OP’s question accurately, we need to know with whom did the landlord share the details and why?


  • Registered Users Posts: 16,930 ✭✭✭✭Sleeper12


    Tiki90 wrote:
    Landlord shared my personal information. ( Email address, which college I go to and where I work.) Is that legal? Should I confront him about it?


    Is this information public on your Facebook page?

    Nothing stopping his sharing information already in the public domain.

    He can share your personal information with others in connection with the business of letting to you & the maintenance of the letting. I'm struggling to think of any reason why college information was shared but if it is public on social media, LinkedIn etc then it's fair game


  • Registered Users Posts: 9,436 ✭✭✭TheChizler


    dudara wrote: »
    That may be true, but under GDPR the landlord is now a data controller and has to act accordingly.
    Point of infprmation, they were a data controller even before GDPR.
    [/backontopic]


  • Moderators, Society & Culture Moderators Posts: 17,642 Mod ✭✭✭✭Graham


    Sleeper12 wrote: »
    Is this information public on your Facebook page?

    Nothing stopping his sharing information already in the public domain.

    He can share your personal information with others in connection with the business of letting to you & the maintenance of the letting. I'm struggling to think of any reason why college information was shared but if it is public on social media, LinkedIn etc then it's fair game

    Source?


  • Advertisement
  • Registered Users Posts: 33,519 ✭✭✭✭dudara


    TheChizler wrote: »
    Point of infprmation, they were a data controller even before GDPR.
    [/backontopic]

    True, I did think that as I was writing the post, but said I’d leave it be.


  • Registered Users Posts: 9,436 ✭✭✭TheChizler


    dudara wrote: »
    True, I did think that as I was writing the post, but said I’d leave it be.
    And I can't help myself :(


  • Registered Users Posts: 16,930 ✭✭✭✭Sleeper12


    Graham wrote:
    Source?


    Source for what exactly?


  • Moderators, Society & Culture Moderators Posts: 17,642 Mod ✭✭✭✭Graham


    Sleeper12 wrote: »
    Source for what exactly?

    To support your assertion that Data Protection/GDPR doesn't apply if you've posted something on social media.


  • Registered Users Posts: 16,930 ✭✭✭✭Sleeper12


    Graham wrote:
    To support your assertion that Data Protection/GDPR doesn't apply if you've posted something on social media.


    I didn't say that.

    Let's say op has this information on the Facebook page publicly. It is not a breach of GDPR for me, you or anyone else to share this information. I don't even have to know op. If it's public I can share it. Hell I can even include ops photos along with the information if I want to. What op puts in the public domain does not fall under GDPR.

    If a landlord shares information that's on her public Facebook account then there is no gdpr breach. Now if the landlord used OP's personal information from his own files then there is a breach. Landlord is only responsible for the data he holds. Landlord is not responsible for identical information that Facebook holds. If op has the same personal information public on Facebook or LinkedIn how can anyone know if the landlord has used his own personal files or the public information on Facebook?

    Anything in the public domain is fair game.

    I see ops email was shared & it's highly unlikely that op has their email address public on any social media so it would suggest that landlord used personal data that he holds.


  • Moderators, Society & Culture Moderators Posts: 17,642 Mod ✭✭✭✭Graham


    Sleeper12 wrote: »
    It is not a breach of GDPR for me, you or anyone else to share this information. I don't even have to know op. If it's public I can share it. Hell I can even include ops photos along with the information if I want to. What op puts in the public domain does not fall under GDPR.

    Personal data is personal data however it is acquired.


  • Registered Users Posts: 16 Tiki90


    5 months ago I rented a property from a "Landlord" for 6 months with him stating that it would be possible to rent the property for 1 year after 6 months. The biggest mistake on my part was

    1, He did not present me with a property lease with terms and conditions. ONLY a 3 page lease stating the start and end of tenancy, his bank details and the address of the property. (However I did ask if I can get a RTB letter to prove that he registered of which he refused because he did not want to pay the fee and tenant tax).

    2, when brought a copy of the lease the first time his name was where the tenants name supposed to be and the landlord's name scratched off. And each time i asked for a proper copy the letters on pages got whiter and whiter.

    After being in the property for 3 months. I rang the landlord to discuss the possibility of a year lease. He declined stating that his father wants him to move out. Therefore he wants the apartment back. After that conversation I then decided to look for another place. Upon finding one I contacted him again and told him that if he wanted to have the place earlier. He then said that If I leave before the lease is up. I won't get my deposit back. I asked for the terms and conditions of the lease and he never gave it to me.

    I needed to leave the country for a few weeks. So I subleted the property for 2 months while I was gone to pay the rent. After I left he messaged me saying that we can come to an agreement for me to leave earlier. But at that point I wasn't there and someone else was in the property.

    A week ago he messaged me about the person I'm sublettin to and want to kick the person out of the property. And now he is does not want to return my deposit. To my understanding a landlord is not supposed to retain any deposit unless rent arrears , breach of lease, damage to property, unpaid bills and filthy property. None of that applies to me (Well I don't think so) since he did not provide terms and conditions of the lease. I did not know sublettin was prohibited because he did not say that it was.


    I have filed a mediation dispute with RTB and waiting for a response.


  • Registered Users Posts: 16,930 ✭✭✭✭Sleeper12


    Graham wrote:
    Personal data is personal data however it is acquired.


    No its not.

    There is a huge difference in the personal data that an employer or landlord has & public data on Facebook.

    Any personal data I hold I am responsible for under GDPR. There are firm rules on how I store this data or use this data & I am bound by GDPR legislation.

    Private data posted publicly can be shared without GDPR having anything to do with it. In this case Facebook holds the data & Facebook are responsible for the data. If op wants to remove the data permanently from Facebook then Facebook are responsible. I can share any public personal data I want without permission.

    There is a big thread here on boards.ie and about how boards.ie will handle GDPR. You should have a read of this. Boards.ie management were involved in the thread and posted what their legal team had to say about it.


  • Moderators, Society & Culture Moderators Posts: 17,642 Mod ✭✭✭✭Graham


    Sleeper12 wrote: »
    No its not.

    There is a huge difference in the personal data that an employer or landlord has & public data on Facebook.

    Cool, would you mind linking to the exemption in the DP / GDPR legislation?


  • Registered Users Posts: 16 Tiki90


    Graham wrote: »
    Personal data is personal data however it is acquired.

    I posted another thread giving more details. He shared my information with a subtenant.


  • Advertisement
  • Moderators, Society & Culture Moderators Posts: 17,642 Mod ✭✭✭✭Graham


    Mod Note

    Threads Merged


  • Moderators, Society & Culture Moderators Posts: 17,642 Mod ✭✭✭✭Graham


    Tiki90 wrote: »
    I posted another thread giving more details. He shared my information with a subtenant.

    So if I'm reading things correctly.

    You took on a short-term letting (less than 6 months).
    Sublet the property without the landlords permission/knowledge
    Sublet the property without leaving your 'tenant' contact details.
    Now the landlord wants his property back.


  • Registered Users Posts: 16,930 ✭✭✭✭Sleeper12


    Graham wrote:
    Cool, would you mind linking to the exemption in the DP / GDPR legislation?


    There is no exception because public data doesn't fall under GDPR.

    Can you please link gdpr suggesting that I can't share public personal data on Facebook? You are aware that Facebook actually has a share button? It's not a share some data button. There is no restriction on sharing public personal data. You won't find any GDPR legislation saying so either.

    I it was illegal for me to share public personal data on Facebook why do they let me share it?

    OP can request personal data be deleted but there is no law in the world stopping me sharing public information.

    Here on boards.ie details of Mrs Cash's Facebook page was posted, degested and spat out. Personal information about her religion, social habits etc. Are you suggesting that these posters are breaking the law & boards.ie have left these posts up


  • Registered Users Posts: 259 ✭✭lcwill


    We have a financial disclosure programme where I work and I have to disclose some details of tenants in any properties I own - just in case they have any links to the company which could create conflict of interest.

    I raised the issue with my letting agent and based on the (GDPR-compliant) contracts they use I can disclose tenants names and nothing else.


  • Moderators, Society & Culture Moderators Posts: 17,642 Mod ✭✭✭✭Graham


    Sleeper12 wrote: »
    There is no exception because public data doesn't fall under GDPR.

    Here's the opinion of the UK Information Commissioners Office:
    Personal data available in the public domain is still personal data and Data Protection still applies to it

    More from the ICO
    Publicly available covers a
    range of data:
    • Electoral roll
    • Public registers (Companies House)
    • Press reports
    Social media
    Key point:
    It is not fair game!
    Remember s.27(5) – You must still provide fair processing information unless an exemption applies!


  • Closed Accounts Posts: 6,750 ✭✭✭Avatar MIA


    Are you sure it wasn't the Gardai he passed your details to?

    You brought an unauthorised person illegally into his property and profited from it. And you think you're the one aggrieved?


  • Moderators, Society & Culture Moderators Posts: 17,642 Mod ✭✭✭✭Graham


    I would agree somewhat, the OP has bigger issues than their rights under the GDPR.


  • Registered Users Posts: 4,939 ✭✭✭goat2


    As a landlord in the past. I never would share any information about who was residing at my building, unless it were the law, and in that case I would not give a number, but I would let them know where you are at that given moment if it were serious, EG, death in family, or if you had just robbed someone or their property, broken the law, otherwise I would advise them to leave a note in your letterbox, or I would put note there myself


  • Registered Users Posts: 16,930 ✭✭✭✭Sleeper12


    Graham wrote:
    Here's the opinion of the UK Information Commissioners Office:


    Am I really that bad at explaining things?

    I already said that you can ask Facebook to delete all of your data. Yes you own the data. No argument there. However while you have the data posted as public I have every right to share it without your permission without breaking gdpr rules. This is why I asked op if the personal data was on Facebook publicly. Landlord could legally share the data from Facebook as its public but not from his own business files. Op gave landlord personal data in connection with the rental. It's not public and cannot be shared without her permission. Public personal data on Facebook can be shared without permission. It's public. You still own the data & you can request that I remove the shared data but sharing it without your permission is perfectly legal.
    Thread GDPR, boards.ie and you covers this.
    This was covered by Boards.ie:Sean boards.ie CEO. Now if you want to email the CEO of boards.ie & tell him that he & his legal team are wrong then work away.

    I asked op about Facebook because it's not a breach of the gdpr. I see her email address was shared & I doubt she had that as public so it looks like it was the landlord.


  • Advertisement
  • Moderators, Society & Culture Moderators Posts: 17,642 Mod ✭✭✭✭Graham


    Sleeper12 wrote: »
    Am I really that bad at explaining things?

    It's not that you're particularly bad at explaining things. Many of your recent points would however benefit from corroboration, ideally from an authoritative source.


Advertisement