New data protection rules are coming in next year that will increase the requirements when dealing with a customer’s personal information.
The General Data Protection Regulation (GDPA) will replace the Data Protection Act (DPA) from May 25, 2018, and there are plenty of new rules that could affect agency work.
Like the DPA, businesses must protect data under GDPR and face fines or imprisonment for failing to do so.
However, the new regulations extend the definition of personal information to also include IP addresses and biometric passwords. So if someone signs into an app using fingerprint technology, this would need to be secure.
The rules apply to all data and held about employees, prospects, customers, suppliers or anyone else.
Firms will also need to show the legal basis for storing data, such as asking for permission.
Under the new rules, individuals can also ask for personal data to be removed and any data breaches must be reported to a relevant supervisory authority and to the customer if there is a risk to their freedoms.
The new regulators are as a result of a new EU directive but the Information Commissioner’s Office says it will still apply to the UK even after Brexit.
Absolutely brilliant news.
Believe me.
This may help agents take back control.
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This is certainly a step in the right direction.
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Let me see if I’ve got this straight. If an agent sees one of my properties on the internet, gets the owners name from land registry, and stores it without the owner’s permission, he would be in breach. What fun!
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Not so sure – this is why we want out of the EU. Except I don’t like the ‘big brother knows best’ comment and the fact these new rules will be omitted from the Great Repeal Bill!
More seriously, I doubt that any agent in the country fully complies with everything at present? Many agents assume authority to put a photograph of a property in the window over night, or to show it on your desk screen. When you check anything ‘personal’ to the client can your applicant see any of it? No ‘personal data’ must evert be visible to anyone not on your staff. What about screens on other desks? If they can that is a DPA offence. Full compliance would require individual interviews to be held behind secure screens such as in job centres
Could an intruder switch on your computer and get at anything covered by DPA? You criminal! The system must have a secure password protection. Etc.
I know this sounds ridiculous.
When we were drafting the Regulations under the original DPA I helped draft the then approved Code of Practice for Estate Agents. I knew our business and it was practical. I said this sounds ridiculous – that’s because it is!
And don’t start me on the ML side. Do all of your staff, including the cleaner and print room lady, know who is your MLRO? If not, there’s another potential fine.
Have a good day!
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My mini-rant was in reply to MattBesier41.
BTB
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RentBoy
is that not public domain information?
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I don’t know this area particularly well but would imagine you would have to re-verify any information on a regular basis by contacting the individuals.
So if you have accessed the information from Land Registry and not established contact with the individual you would have to recheck this regularly so that the “Public domain information” data is not held incorrectly.
Of course I am sure our Professional Industry bodies will ensure we are all well briefed on the ins and outs ahead of any introduction……….
Such fun!
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My own 2p’s worth would be that I think that a good agent should be reviewing their mailing lists constantly with their applicants.
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