Can a landlord share personal information.

Tiki90

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?

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?

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?

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.

Graham

Mrs OBumble wrote: »

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?

Avatar MIA

Mrs OBumble wrote: »

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?

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.

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?

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

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]

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?

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.

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

Sleeper12

Graham wrote:

Source?

Source for what exactly?

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.

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.

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.

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.

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.

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?

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.

Graham

Mod Note

Threads Merged

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.

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

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.

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!

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?

Graham

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

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

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.

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.

goat2

Tiki90 wrote: »

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.

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.


He has a right to know the background of the person on his property, and I am wondering if you discussed this with him before you let someone he knew nothing about on to his property

Tiki90

Avatar MIA wrote: »

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?

I don't think I was treated unfairly. He didn't pass it on to Gardai. He told the subtenant where I work and study to go there to file a complaint against me.

Like I said I did not have a lease that outlined the terms and conditions so I presumed it was fine to sublet while I wasn't in the country. I did not sublet to earn more money the same amount I was paying for the month was the same amount I asked the subtenant to pay.

Graham

Tiki90 wrote: »

He told the subtenant where I work and study to go there to file a complaint against me.

Sounds reasonable.

Tiki90 wrote: »

Like I said I did not have a lease that outlined the terms and conditions so I presumed it was fine to sublet while I wasn't in the country. I did not sublet to earn more money the same amount I was paying for the month was the same amount I asked the subtenant to pay.

The responsibility was on you to confirm this was permitted before subletting.

Avatar MIA

Tiki90 wrote: »

I don't think I was treated unfairly. He didn't pass it on to Gardai. He told the subtenant where I work and study to go there to file a complaint against me.

Like I said I did not have a lease that outlined the terms and conditions so I presumed it was fine to sublet while I wasn't in the country. I did not sublet to earn more money the same amount I was paying for the month was the same amount I asked the subtenant to pay.

Okay, now you know you were wrong in your assumption. The point I'm making is that he could contact the Garda. You brought this person into your landlords life and I don't think HE is likely to have anything to worry about.

That the money you illegally acquired was to pay rent is irrelevant.

goat2

You should have let the subletter know where you could be contacted all of the time,
Had you not done that, if not, Why

Sleeper12

Graham wrote: »

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.

I thought the CEO of boards & his legal team would have been authoritative enough.


I'm lost. I honestly dont know what to say


You haven't provided a link suggesting that I can't share public personal data without permission. It works both ways an authoritative source backing up your claims wouldn't go amiss either??

angel eyes 2012

Tiki90 wrote: »

I don't think I was treated unfairly. He didn't pass it on to Gardai. He told the subtenant where I work and study to go there to file a complaint against me.

Like I said I did not have a lease that outlined the terms and conditions so I presumed it was fine to sublet while I wasn't in the country. I did not sublet to earn more money the same amount I was paying for the month was the same amount I asked the subtenant to pay.

Did you not know the subtenant already, in that they possibly already know where you work. Regardless, I don't see how any employer would have a role in dealing with a complaint unrelated to your employment.

I would suggest that the landlord is on more precarious ground in relation to lack of registration with the RTB and possible audit with Revenue. Even if you were going to lodge a complaint with the DPC it would not be considered a serious breach. The RTB route is potentially more serious for the landlord.

wirelessdude01

Tiki90 wrote:

Like I said I did not have a lease that outlined the terms and conditions so I presumed it was fine to sublet while I wasn't in the country. I did not sublet to earn more money the same amount I was paying for the month was the same amount I asked the subtenant to pay.

Ahh come on. Subletting is not find unless you have the agreement of the landlord. You are now trying to justify what you did even though you know you were/are in the wrong.

goat2

Tiki90 wrote: »

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.

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..[/QUOTE]


Then how did he explain where and why this money was leaving your account and invested in his, and how did the person you brought in instead of you pay, was it you or was it into the landlords account, Landlord must have been paying tax, and if not, what reason was given for the transactions in bank.
Is he on the dole or receiving unemployment,

beauf

I don't understand this...

You sublet to someone else, and didn't give them any of your contact details. Or maybe it's you have them minimal details so they wouldn't be able to contact you if you decided to block them.

Why?

Did the person think they had year lease or something?

Something doesn't add up with this story.

Pkiernan

OP...I hope you are going to declare your rental income for those months from your sub-letter to Revenue!

TheChizler

wirelessdude01 wrote: »

Ahh come on. Subletting is not find unless you have the agreement of the landlord. You are now trying to justify what you did even though you know you were/are in the wrong.

There was no mention of subletting in the agreement so tough from the landlord's point of view.

Graham

TheChizler wrote: »

There was no mention of subletting in the agreement so tough from the landlord's point of view.

Subletting occurs when a tenant permits another party to lease the rental property that the tenant has leased from the landlord. The tenant then assumes the position of landlord (known as the head tenant) in relation to his or her subtenant. Subletting usually occurs because the tenant has signed a fixed-term lease and wants, for whatever reason, to get out of the lease before it expires. Subletting can only take place with the consent of the landlord.

https://onestopshop.rtb.ie/beginning-a-tenancy/types-of-tenancies-and-agreements/subletting-and-assignment/

Bigmac1euro

Pkiernan wrote: »

OP...I hope you are going to declare your rental income for those months from your sub-letter to Revenue!

Lol

goat2

Graham wrote: »

https://onestopshop.rtb.ie/beginning-a-tenancy/types-of-tenancies-and-agreements/subletting-and-assignment/

The consent of the landlord, owner of property, has the right to know, thanks for that.
The law was broken then, and it would only cost the tenant a lot more if this were to go to trial, better fix it without months of hassle and an empty pocked in the end

Browney7

Pkiernan wrote: »

OP...I hope you are going to declare your rental income for those months from your sub-letter to Revenue!

On this, surely the rent he's paying to the LL is fully offsettable?

Avatar MIA

Browney7 wrote: »

On this, surely the rent he's paying to the LL is fully offsettable?

Why would it? One is a non taxable related expense, the other is taxable revenue. Open to correction, but don't think the OP can claim rental room relief on an illegal sublet.

Browney7

Avatar MIA wrote: »

Why would it? One is a non taxable related expense, the other is taxable revenue. Open to correction, but don't think the OP can claim rental room relief on an illegal sublet.

In order to carry out his business of letting, he has to let off someone else. No different to mortgage interest surely but if someone can clarify I'm all ears!

Sleeper12

goat2 wrote: »

The consent of the landlord, owner of property, has the right to know, thanks for that.
The law was broken then, and it would only cost the tenant a lot more if this were to go to trial, better fix it without months of hassle and an empty pocked in the end

This is why the op is crying GDPR imo. If the landlord has broken GDPR then it's a stick OP might hit him with.



The only thing I'd say to OP is that it is a tiny breach & I doubt little more than a stern warning is all he would get especially if someone was living illegally in his property & he felt he had to breach GDPR to try find out if he had a trespasser in his property. This is my personal opinion & is based on reason rather than fact

Mrs OBumble

Graham wrote: »

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

"Contact John the tenant to arrange access. He's studying in NUIG but works nights in ABC Bar so don't expect him to be up at 9am the day after they were open late."

... is a very common approach used by landlords.