Understanding tenants’ rights to information requests
2 September 2024
We often see social housing landlords getting a bit confused when it comes to their tenants’ information requests. You should have some understanding of the rights your tenants have in this regard to make sure you’re maintaining compliance as well as fostering trust and transparency.
The key legislation governing this area is the General Data Protection Regulation (GDPR), implemented in the UK through the Data Protection Act 2018. This lays down the rules for how you should handle tenants’ data and respond to information requests.
However, rather than reading the legislation in full, we’ve written a quick summary for you below.
Your tenants’ rights under the GDPR and Data Protection Act 2018
Under the Act, your tenants have specific rights regarding their personal data. One of the most significant is the right to access their data, also known as a Subject Access Request (SAR).
When a tenant submits a SAR, they are entitled to receive a copy of the personal data you hold about them, along with information about how it is being used, who it has been shared with, and how long it will be retained. It’s essential that you respond to a SAR within one calendar month. This timeframe can be extended by a further two months if the request is complex, but you must inform the tenant of this within the initial month. Failure to comply with a SAR can result in significant fines and damage to your reputation.
It’s important to ensure that your organisation has a clear process in place for handling such requests, including identifying the data requested, collating it, and ensuring that any information that should not be disclosed (such as third-party data) is appropriately redacted.
Another critical aspect to consider is the tenant’s right to rectification. If a tenant believes that the data you hold about them is inaccurate or incomplete, they have the right to request that it be corrected. This can be particularly important in social housing, where incorrect data could impact your tenant’s eligibility for housing or benefits.
Again, you have one calendar month to respond to such requests, and if you refuse, you must provide a clear explanation along with information on the tenant’s right to complain to the Information Commissioner’s Office (ICO).
Balancing transparency with your legal obligations
While it is crucial to be transparent with your tenants, this must be balanced with your legal obligations. Not all information requests can or should be fulfilled.
For instance, you are not required to disclose information that could harm another individual’s rights or privacy, or that might jeopardise an ongoing investigation. Additionally, if a request is manifestly unfounded or excessive, particularly if it is repetitive, you may refuse it or charge a reasonable fee for the administrative costs involved. However, any refusal must be carefully justified and documented, and you should always discuss this with your solicitor first.
It’s essential to approach such situations with caution, ensuring that any refusal is grounded in the principles of data protection law and that you are prepared to defend your decision if challenged. Moreover, transparency should not lead to inadvertent disclosures that could put you at risk. This requires thorough redaction processes and a clear understanding of what constitutes personal data under the GDPR laws.
The Birketts view
Given the complexities involved, we always recommend that social housing landlords seek legal advice when handling tenants’ information requests.
Birketts can help you establish robust policies and procedures to ensure you comply with GDPR and the Data Protection Act 2018.
This includes training staff to recognise and appropriately handle SARs, ensuring proper redaction practices, and advising on when it may be legally justifiable to refuse a request.
Furthermore, we can assist you in conducting a thorough audit of your current data protection practices, identifying potential vulnerabilities that could lead to non-compliance.
This proactive approach is crucial in avoiding fines and reputational damage.
In situations where a refusal is necessary, we’re also able to provide legal support to ensure that your decision is defensible. This includes drafting responses that clearly explain your reasoning and are in line with current data protection law.
Ultimately, having a solicitor on your side can give you peace of mind, knowing that you are not only complying with the law but also managing your tenant relationships effectively and fairly.
By working together, we can ensure that your organisation remains compliant while upholding the trust and integrity that is so vital in social housing.
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Norien Zia
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Marie Constantine
Sectors
The content of this article is for general information only. It is not, and should not be taken as, legal advice. If you require any further information in relation to this article please contact the author in the first instance. Law covered as at September 2024.