united-kingdom privacy landlord tenant
Improper use of work references by landlord
<p>My would-be landlord asked me for a work reference before I moved in and I gave him my line manager's contact details. My references were checked and I moved in. A month or so later my landlord emailed my line manager to ask a question that had nothing to do with the referencing process. The question had nothing to do with me either, it was a general question about the company. My landlord made no comment about having any connection with me when asking the question.</p>

<p>I told my landlord that this was an improper use of my line manager's contact details and asked him to not contact him again for private matters. My landlord argues that I should have specified that he couldn't contact my manager. This feels wrong to me as it was implied that the contact details were shared as part of and only for the referencing process.</p>

<p>What does the law say? This is taking place in the UK.</p>

<p>The <a href="http://www.ilpa.org.uk/data/resources/32426/16.11.01-IA2016-1-Overview-UPDATED.pdf" rel="nofollow noreferrer">Immigration Act 2016</a> introduced the so-called 'right to rent' provisions under which a landlord can be prosecuted for renting accommodation to someone who is not legally in the UK. Everyone in the UK, Brits included, is subject to the Act.</p>

<p>This gives the landlord the right to examine your work permit and to see if your visa is valid. The landlord will make a copy of the information. This makes the landlord a <a href="https://ico.org.uk/media/for-organisations/documents/1546/data-controllers-and-data-processors-dp-guidance.pdf" rel="nofollow noreferrer">data controller</a> which imposes restrictions on how the information can be used.</p>

<p>Because this became controversial, the <a href="https://ico.org.uk/for-the-public/housing/landlords/" rel="nofollow noreferrer">Information Commissioner published a brochure</a> on the things a landlord can do with your data.  </p>

<p>All things considered and based upon what you wrote, if the landlord did not get your permission to use the data, then it's likely he is in breach. But this does not mean it's actionable or that it would be advisable to make a formal complaint to the Commissioner. If you want to pursue it, you can use the Commissioner's "<a href="https://ico.org.uk/concerns/" rel="nofollow noreferrer">Report a Concern</a>" page as a starting point. Alternatively, you can lodge a formal complaint with your landlord and he will have to respond to it.</p>

<blockquote>
  <p>What does the law say?</p>
</blockquote>

<p>The act giving the landlord the right to access your data is in the 2016 act linked above.  Everything else is in the <a href="http://www.legislation.gov.uk/ukpga/1998/29/contents" rel="nofollow noreferrer">Data Protection Act 1998</a>.</p>

<p>The <a href="http://www.ilpa.org.uk/" rel="nofollow noreferrer">ILPA</a> Information Sheet is at "<a href="http://www.ilpa.org.uk/data/resources/32430/16.11.01-IA2016-4-Right-to-rent-UPDATED.pdf" rel="nofollow noreferrer">Right to Rent</a>". "The information sheet was  updated on 01 November 2016 to take account of the second commencement order issued by the government, on 31 October 2016, bringing further provisions into force." The information sheet is recommended reading for anyone in the UK on a work permit.  Disclaimer: I'm a member. </p>

<blockquote>
  <p>A month or so later my landlord emailed my line manager to ask a
  question that had nothing to do with the referencing process. The
  question had nothing to do with me either, it was a general question
  about the company. My landlord made no comment about having any
  connection with me when asking the question.</p>
</blockquote>

<p>There is nothing improper about this conduct. The fact that you happen to introduce someone to someone else doesn't give you veto power over all of their future communications with that person. The discussion has nothing to do with you and is no different from that landlord having looked up that person's name in a directory.</p>

<p>My would-be landlord collected data to decide whether or not to enter in a commercial agreement with me and as such he is subject to the <a href="https://www.gov.uk/data-protection" rel="nofollow noreferrer">Data Protection Act</a>.</p>
<p>By contacting my employer for purposes other than the reference check, my landlord breached several data protection principles as described by the <a href="https://ico.org.uk/" rel="nofollow noreferrer">Information Commissioner’s Office</a>:</p>
<blockquote>
<ul>
<li><p>Be transparent about how you intend to use the data, and give
individuals appropriate privacy notices when collecting their personal
data (<a href="https://ico.org.uk/for-organisations/guide-to-data-protection/principle-1-fair-and-lawful/" rel="nofollow noreferrer">Principle 1: fair and lawful</a>)</p>
</li>
<li><p>Handle people’s personal data only in ways they would reasonably
expect (<a href="https://ico.org.uk/for-organisations/guide-to-data-protection/principle-1-fair-and-lawful/" rel="nofollow noreferrer">Principle 1: fair and lawful</a>)</p>
</li>
<li><p>Personal data shall be obtained only for one or more specified and
lawful purposes, and shall not be further processed in any manner
incompatible with that purpose or those purposes (<a href="https://ico.org.uk/for-organisations/guide-to-data-protection/principle-2-purposes/" rel="nofollow noreferrer">Principle 2:
purposes</a>)</p>
</li>
<li><p>Personal data processed for any purpose or purposes shall not be kept
for longer than is necessary for that purpose or those purposes
(<a href="https://ico.org.uk/for-organisations/guide-to-data-protection/principle-5-retention/" rel="nofollow noreferrer">Principle 5: retention</a>)</p>
</li>
</ul>
</blockquote>
<p>As such my landlord's behaviour is against the law.</p>
