Management company disclosing arrears data

buzz11

Question in relation to an Owners Management Company memo & articles of association that has the following clause in it;

"To process personal data and sensitive personal data relating to any Unit Owner and/or any tenants and/or licensees of the Unit Owners including but not limited to
(i) disclosing information relating to the payment or non-payment of service charges and sinking fund contributions to some or all of the Unit Owners; and

(ii) disclosing information relating to any breach of any rules, house rules, regulations, restrictions and byelaws relating to the multi-unit development to some or all of the Unit Owners"


So my laymans understanding is that the OMC is allowed to print on the annual report the unit number and amount of arrears due, am I correct?

If thats correct, when the accounts are submitted to the CRO, this is now available to a much wider audience so by right, the arrears data should be removed from the CRO accounts. yes/no?

Is all this still OK under the GDPR rules?

T.I.A

Robbo

buzz11 wrote: »

Question in relation to an Owners Management Company memo & articles of association that has the following clause in it;

"To process personal data and sensitive personal data relating to any Unit Owner and/or any tenants and/or licensees of the Unit Owners including but not limited to
(i) disclosing information relating to the payment or non-payment of service charges and sinking fund contributions to some or all of the Unit Owners; and

(ii) disclosing information relating to any breach of any rules, house rules, regulations, restrictions and byelaws relating to the multi-unit development to some or all of the Unit Owners"


So my laymans understanding is that the OMC is allowed to print on the annual report the unit number and amount of arrears due, am I correct?

If thats correct, when the accounts are submitted to the CRO, this is now available to a much wider audience so by right, the arrears data should be removed from the CRO accounts. yes/no?

Is all this still OK under the GDPR rules?

T.I.A

That level of detail would never be in an annual return submitted to the CRO. You may have a global figure for debtors in the accounts but never an itemised list.
Regarding the GDPR:

• Is it personal data? Yes.
• Are they processing data? Yes.
• Have they a legal basis for doing so? Yes, contractual necessity.
• Is it being processed in a manner consistent with this legal basis? My view is that it is. Others may adopt a more doctrinaire approach.

Tow

If the Owners Management Company belongs to the property owners. Company owners need to know who owes the company money.