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Data protection and leaseholders

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Guest user Created:   Dec 31, 2018 Last commented:   Dec 31, 2018

Data protection and leaseholders

I write on behalf of some leaseholders of a council estate (CE). The CE wants to charge leaseholders to refurbish the communal heating system. We want to establish a leaseholders’ association to represent our interests. So we need to invite leaseholders to join it. But the CE says they can’t give us a list of leaseholders because of “data protection.” Does the GDPR really stop CE from giving us the data?
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EU GDPR & ISO 27001 INTEGRATED DOCUMENTATION TOOLKIT

Step-by-step implementation for smaller companies.

EU GDPR & ISO 27001 INTEGRATED DOCUMENTATION TOOLKIT

Step-by-step implementation for smaller companies.

Expert
Andrei Hanganu Dec 31, 2018

Answer: The EU GDPR does not impede personal data to be shared with third parties. In this case, both the Council Estate and you would be acting as independent data controllers. The Council Estate will need to inform that the data of the leaseholders would be shared with your company and other third parties that would be acting as data controllers. After receiving the data, the leaseholders association will also need to provide an adequate privacy notice to the leaseholders informing them about what data they have received, from where, the lawful grounds for processing, retention period, etc. If you want to find out more about pri vacy notices and how to deliver them, check out our webinar: Privacy Notices under the EU GDPR (https://advisera.com/eugdpracademy/webinar/privacy-notices-under-the-eu-gdpr-free-webinar-on-demand/).

If so, how can we get this data?

Answer: If the Council Estate still refuses to provide you with the data, then you can also get the data from the leaseholders themselves. Same as explained above, when you are collecting the personal data you would need to provide an adequate privacy notice.

If not, what evidence can we use to show we are entitled to the data?

Answer: In the UK in order to be able to process personal data you may need to register with the Information Commissioner Office (ICO). You can find some details on how to register as well as some of the exemptions on the ICO website here: https://ico.org.uk/for-organisations/data-protection-fee/self-assessment/

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Dec 31, 2018

Dec 31, 2018

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