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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I need to ask a question about the Privacy Law and invasion

Resolved Question:

I need to ask a question about the Privacy Law and invasion of Privacy. Could I speak to some one specialized in this area?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Could you please explain the situation a little more?

Customer:

Hi Alex, the lessor is imposing fobkey system. the way the system works, it will record the time and the number of times I have used the fobkey, which is at the control and access of the management. I argued this is too big brotherly for me and maybe I and soem other residents ar ento happy with them haveing access to my life schedule and when and at what time and how many times I go in and out of the block. is this considered invasion of my privacy?

Alex Watts :

But they can not tell whether you used the fob or what you were doing when you went out or came in?

Customer:

Well obviously they would not know what I was doing while out, but they would know that i have been using the card as cards should not be passed to others. Maybe I don't like them to know what time I left my home or came back to my home. This is not considered invasion if they have access to these kind of information about me?

Alex Watts :

The information they have would have needs to be kept secure and protected under the Data Protection Act.

Alex Watts :

But having a record is quite normal. A lot of Managing Agents do have this data.

Alex Watts :

Indeed Councils also keep it too for their properties.

Alex Watts :

It is handy to have in case there is ever an issue they can see who has had access.

Alex Watts :

For example if there has been a break in but no signs of forced entry.

Alex Watts :

Therefore as long as the data is kept in accordance with the Act and not used for any other purpose, it should not be an issue.

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

We have not got this system yet. I want to use the privacy law against it to stop them from adopting this system. Just because a lot of managing agents have it, it doesn't mean it is right. They say they want to use it to check if somebody is doing short let so they can check and catch the culprit. Is this legal?

Alex Watts :

There is no criminal offence against it - no.

Alex Watts :

But I do not see how they can tell if someone is letting by a keyfob?

Customer:

Well by passing the key from one tenant to another. Would you know the link for the relevant part of the Privacy law and Data protection Act that I could read?

Customer:

You said "Therefore as long as the data is kept in accordance with the Act and not used for any other purpose, it should not be an issue."

Customer:

I need to know what other purpose is not legal?

Alex Watts :

I would suggest for easy reading you read: http://www.ico.org.uk/

Customer:

So could you please clarify what purposes are not legal to use this information for?

Alex Watts :

There is nothing to say they can not collect it. What they can't do is pass it on to third parties etc. But if they think a tenant is sub letting they can use the information in relation to any Court proceedings.

Customer:

Ok thanks

Ash and 3 other Law Specialists are ready to help you