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30-06-2020, 13:19   #46
Graham
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Originally Posted by Claw Hammer View Post
because of Covid, EAs can no longer do group viewings. In addition they now have to supply rinses and PPE to viewers. It is now not possible to offer every enquirer an appointment at an open viewing and sounding them out.
A viewing is now a significant overhead for an EA and it is reasonable to limit viewing to enquirers who have at least started the ball rolling with a bank and still have approval.
That certainly appears to reflects the opinion of the EA the OP was dealing with.

Fortunately I don't see how it's supported by existing data protection legislation.

Many businesses are facing increased costs as a result of social distancing/additional hygiene requirements. Most still have to operate within the law.

Maybe the DPC will come back to the OP and tell them that GDPR has been suspended or is not being enforced in the current environment. You never know.

If an EAs costs have increased as a result of measures taken, I would have though it more appropriate to either increase charges to vendors or charge for viewings. No unnecessary personal data required for either of those options.
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30-06-2020, 13:20   #47
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That certainly appears to reflects the opinion of the EA the OP was dealing with.

Fortunately I don't see how it's supported by existing data protection legislation.

Many businesses are facing increased costs as a result of social distancing/additional hygiene requirements. Most still have to operate within the law.

Maybe the DPC will come back to the OP and tell them that GDPR has been suspended or is not being enforced in the current environment. You never know.

If an EAs costs have increased as a result of measures taken, I would have though it more appropriate to either increase charges to vendors or charge for viewings. No unnecessary personal data required for either of those options.
I don't understand how showing a redacted letter saying you have mortgage approval has any GDPR implications?
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30-06-2020, 13:22   #48
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I don't understand how showing a redacted letter saying you have mortgage approval has any GDPR implications?
I'd ask how do you share that personal data with the EA anonymously?

i.e. in a way that it cannot be connected to you yet still satisfies the EA?
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30-06-2020, 13:23   #49
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How do you share that personal data with the EA anonymously?

i.e. in a way that it cannot be connected to you yet still satisfies the EA?
Just because it has your name on it does not mean that there is automatic GDPR implications. You don't have to share it anonymously.
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30-06-2020, 13:28   #50
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Just because it has your name on it does not mean that there is automatic GDPR implications. You don't have to share it anonymously.
Personal Data
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‘Personal data’ means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
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This element is very inclusive. It includes “objective” information, such as an individual’s height, and “subjective” information, like employment evaluations. It is also not limited to any particular format. Video, audio, numerical, graphical, and photographic data can all contain personal data. For example, a child’s drawing of their family that is done as part of a psychiatric evaluation to determine how they feel about different members of their family could be considered personal data, insofar as this picture reveals information relating to the child (their mental health as evaluated by a psychiatrist) and their parents’ behavior.
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30-06-2020, 13:31   #51
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Yes, that is what personal data is.

My point was just because your name is on it does not mean there has to be some explicit GDPR clause for them to request it. That would be insane, and impossible to enforce.

So when you asked earlier in the thread if there was a GDPR exemption for estate agents to do viewings, the answer is of course there isn't, that's not how GDPR works.
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30-06-2020, 13:34   #52
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So when you asked earlier in the thread if there was a GDPR exemption for estate agents to do viewings, the answer is of course there isn't, that's not how GDPR works.
Because generally an EA will only request the information necessary to facilitate a viewing (the service being provided).

Financial documents of any variety are not necessary to facilitate a viewing.
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30-06-2020, 13:38   #53
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Because generally an EA will only request the information necessary to facilitate a viewing (the service being provided).

Financial documents of any variety are not necessary to facilitate a viewing.
They aren't asking for a document with finances on it, they are asking for a document that states you are in a position to buy a house, so that they can ensure that viewings are performed safely in this current environment.

I notice you linked to an earlier GDPR case regarding tenants and having to hand over a whole manner of personal information to prospective landlords. I don't believe it's in any way comparable, since in that case the landlord was demanding specific financial data, across a wide range of areas, for every potential tenant. The EA isn't asking for bank statements or your mortgage amount.

In this case they literally want a letter saying you're in a position to buy a house. They likely aren't storing it anywhere. So long as they don't use this data for any other purpose (for example to stick you on some marketing email list for would-be buyers), then I think you'd have a hard time arguing that it's an unreasonable request or a superfluous collection of data.
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30-06-2020, 13:42   #54
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In this case they literally want a letter saying you're in a position to buy a house. They likely aren't storing it anywhere.
The letter does contain financial information in the maximum amount you can draw down and that's not info I would want to share with them. You're also being very generous that they aren't storing it anywhere.

That said, cover the amount and send it and move on. It's a good idea to weed out timewasters in general and there isn't a better way to do it for now.
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30-06-2020, 13:57   #55
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I think you'd have a hard time arguing that it's an unreasonable request or a superfluous collection of data.
I'd welcome links to any authoritative source that supports your argument.

Genuinely. The above is all just my opinion, all be it that I think it's supported by the links and quotes I've submitted over the course of the thread.
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30-06-2020, 13:59   #56
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First time I've heard of an EA looking for AIP just to arrange a viewing.

Personally I don't see it as a positive development and I can't imagine for a minute that it's an approach that would stand up-to scrutiny against data protection legislation.
I've been asked for proof twice in 2 of about 30 viewings. One other consistently asks of AIP is in place as a viewing wont be arranged without one. That particular one doesn't actually look for a copy, just asks if it's in place.
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30-06-2020, 14:01   #57
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The letter does contain financial information in the maximum amount you can draw down and that's not info I would want to share with them. You're also being very generous that they aren't storing it anywhere.

That said, cover the amount and send it and move on. It's a good idea to weed out timewasters in general and there isn't a better way to do it for now.
I do not believe they expect you to share this with them.
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30-06-2020, 14:01   #58
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I've been asked for proof twice in 2 of about 30 viewings. One other consistently asks of AIP is in place as a viewing wont be arranged without one. That particular one doesn't actually look for a copy, just asks if it's in place.
That's been my experience too. Have always been asked if mortgage has been approved, but never asked for written proof.
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30-06-2020, 14:30   #59
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I can understand wanting to weed out 'tirer-kickers', but how many people at the moment are going to viewings just for the sake of it? I don't think that is all that likely.
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30-06-2020, 15:04   #60
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I can understand wanting to weed out 'tirer-kickers', but how many people at the moment are going to viewings just for the sake of it? I don't think that is all that likely.
Probably not that many as such, but definitely some who haven't got their AIP yet, which are effectively useless to the EA/Vendor.
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