Is the ICO fit for purpose?

January 07 13:26 2019 Print This Article

The information Commissioner Elizabeth Denham has serious questions to answer. The National Landlords alliance has written to her on behalf of its members and with respect to two specific complaints by members one of whom is an elected public official.

The ICO has attempted to fob off the Alliance. Our message for Ms Denham is quite simple. Do the job please.

By way of background:  The Alliance, having studied various Council licensing schemes around the country, has uncovered hard evidence that Local Authorities are breaching GDPR regulations on a wholesale scale. For the purpose of this article, we will confine ourselves to Sefton Council.

On its landlord application this authority demands addresses of properties owned by the landlord applicant in other boroughs. If the Council wanted to check with other authorities with respect to a landlords conduct, perhaps this might be acceptable. but it is an abuse to demand addresses of landlords properties licensed elsewhere.

Sefton quote HMO regs as a justification for obtaining this information. Irrespective of that this is a clear GDPR breach demanding excessive information. If readers are not convinced yet, then look at what follows. The authority as per GDPR has a duty to maintain the data held as current and up to date. If a landlord disposes of his holdings outside of Sefton or purchases a property in Devon or London, the Council will not have the relevant data on file, unless the landlord decides to become involved in assisting Sefton remain GDPR compliant by updating them every time he purchases or sells a property. There is no legal obligation on him to do so.

Therefore,the Council  from the outset are placing themselves in a position where they breach GDPR and Sefton by demanding this data have already done so.

Are the ICO grossly incompetent or is the Information Commissioner trying to protect the council? Either way these authorities are very quick to come down like a ton of bricks on the public, but when the shoe is on the other foot we see how slow they are to prosecute their tax payer funded pals.

Meanwhile the other landlord associations are too busy flogging courses or publishing Shelter poetry, to take up this baton.

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GDPR Associates
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