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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I rent a room from a business in a similar industry to

Resolved Question:

Hi. I rent a room from a business in a similar industry to myself (with no contract,not even rental) and I have a question about data protection. The landlord (owner of the other business) says that if enquiries come through her business via Facebook or email etc that this is her client despite the fact that I am treating them and they fill in consultation forms with my business name on and hand them to me to keep. I am only able to hold on to customer details that enquire through my business. I want to know if this is legally right as I am hoping to leave this premises soon and want to know what I need to with that client information without breaching any laws. I am registered with the ICO as a data controller for my business
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.

Hello my name is ***** ***** I will help you with this.

Just to be clear, she says they belong to her?
Does she have Data Protection systems in place?
Alex

Customer: replied 1 year ago.
Hi. Yes she says they belong to her. She is also registered with the ICO as data controller for her company. We have no contract stating who is responsible for the information, in fact no contract at all
Expert:  Ash replied 1 year ago.

When they complete the treatment forms, does it say you can contact them?
Alex

Customer: replied 1 year ago.
No. I have just changed my consultation forms for them to agree to email contact. Do i need to be specific and say "can we contact you via telephone" as well? But these are my consultation forms (with business logo on) not hers
Expert:  Ash replied 1 year ago.

Yes, if YOU want to be able to contact them, YOU need consent.

Does that clarify? Alex

Customer: replied 1 year ago.
Right I understand that. So if she wants to contact them she will also need their consent for which there is currently none, right?
Customer: replied 1 year ago.
at the moment, until i start using the new consultation forms, neither of us are able to contact clients?
Expert:  Ash replied 1 year ago.

Correct. Does that clarify? Alex

Customer: replied 1 year ago.
I was hoping for more detail e.g. section 55 of the data protection act states that ......
Expert:  Ash replied 1 year ago.

Its only S.55 if its unlawful access of data.

Under Schedule 2 of the Act it says you need permission to process data. Which is contact the subject.

Therefore without permission you can not contact it would be a breach of the Act.

Please also remember this is a question and answer site and not intended to be a substitute for legal advice from a High Street Solicitor who will charge around £150 an hour.

But in terms of your question it falls under Schedule 2.

Does that clarify? Alex

Customer: replied 1 year ago.
I understand that this does not substitute legal advice but just wanted more clarity on the situation. As I am leaving these premises I don't want to be doing anything unlawful. My last question is, albeit an obvious one, my existing clients who have NOT filled in a form asking if I can use their information .... getting them to fill out a new contact information sheet expressly asking for their permission to contact them will then cover me under schedule 2?
Expert:  Ash replied 1 year ago.

Yes you would need to get a new form completed to comply with the requirements of Sch2.

I would always recommend that for the avoidance of any misunderstanding.

Does that clarify everything for you today? Alex

Ash and other Law Specialists are ready to help you
Customer: replied 1 year ago.
thanks