The Data Protection Commission Issues Guidance on Requesting Personal Data from Prospective Tenants – Lexology

A landlord that collects personal data from a prospective tenant usually becomes a data controller subject to General Data Protection Regulation (GDPR) obligations. The Data Protection Commission (DPC) has issued guidance to assist landlords (or letting agents acting on behalf of landlords) and tenants in understanding what information is appropriate for landlords to request from prospective tenants at the initial application stage for a residential tenancy (Guidance). The DPC has also released a podcast on this topic available here.

Guidance on complying with GDPR Principles

The Guidance emphasises the importance of only collecting data that is necessary for negotiating, and entering into, the new tenancy, in line with the GDPR principle of data minimisation. The DPC interprets this principle in the Guidance stating that “only the minimum amount of personal data necessary to achieve a stated purpose should be collected.” Before collecting personal data, the DPC recommends a landlord ask

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