Agents warned over public's rights under data protection

Our report on Wednesday about a third estate agent being hit with a fine after not registering under the Data Protection Act evoked a wide range of responses – from irritation to anger and confusion.

It also brought a curious response.

Possibly unknown to many people, anyone who has ever had dealings with an organisation that handles data can demand to see it.

An agent reading our story told us that earlier this year he was approached by an applicant previously registered with them.

The applicant’s letter demanded that the agent supply all the data held on him, including ‘transcriptions of all telephone conservations recorded’ plus any notes made in relation to telephone conversations.

The letter – which we have seen – also asked for disclosure of any evidence of any ‘manual intervention’ by the agent.

Finally, the letter asked for a list of third party agencies to whom the agent might have disclosed the information, and information as to the nature of the information disclosed.

All of this could well ring alarm bells in agents, especially when they hear that they must supply all this information within 40 days, and all for a statutory maximum fee of £10.

Interestingly, the agent concerned felt certain there was a bit more to this request than met the eye. Sure enough, the sender turned out to be an investigative journalist.

The fact remains, however, that agents (both lettings and sales) must register under the Data Protection Act, and must supply this sort of information on request.

To find out if you are already registered, you can check here:

https://www.ico.gov.uk/ESDWebPages/search.asp

If you should need to register or re-register, or simply need further information, use this link:

https://www.ico.gov.uk/for_organisations/data_protection/notification.aspx