Question 1

Data Protection

Accepted Answer

We have formally notified the Landlord/Freeholder and his Managing Agent of the formation of our Association, requesting the usual acknowledgment. This has not been forthcoming. The Managing Agent is now demanding that we provide a list of the membership of the Association and provide "proof" of their application to join us. Both those parties have been provided with a copy of our Constitution in which it is clearly stated that each member will have completed an Application Form and will have paid a membership fee. Are we obliged to provide the information demanded by the Managing Agent? Whether or not we are under any obligation, would the provision of such data raise any issue in connection with the Data Protection Act? Our Committee is opposed to providing the information to the Managing Agent, but we will value your guidance. The FPRA replies: Data Protection have a website through which one can seek guidance. Once when a member had a query I did this on their behalf. It all seemed rather pointless for me to be the intermediary. I would suggest that the member is directed to this service. I must say that I find Data Protection law is so vague and nebulous that - to my mind - it hardly deserves the title of 'law'. The crucial thing seems to be whatever the Data Protection Office thinks of a given case. So I would suggest that the member is referred directly to the Data Protection office. Alternatively, we could suggest that the members abandon the idea of getting recognition from the landlord (or its agent) and apply to the First Tier Tribunal for recognition, on the basis that the landlord's managing agent is putting unnecessary obstructions in the way. In my view, that sidesteps the whole issue. If the FTT doesn't want members' details, a certificate of recognition will be issued, which the landlord and its agent will have to act on. If the FTT requires details, then they are being supplied at the behest of a judicial body, and the member can hardly not comply.

Question 2

Data Protection

Accepted Answer

We have formally notified the Landlord/Freeholder and his Managing Agent of the formation of our Association, requesting the usual acknowledgment. This has not been forthcoming. The Managing Agent is now demanding that we provide a list of the membership of the Association and provide "proof" of their application to join us. Both those parties have been provided with a copy of our Constitution in which it is clearly stated that each member will have completed an Application Form and will have paid a membership fee. Are we obliged to provide the information demanded by the Managing Agent? Whether or not we are under any obligation, would the provision of such data raise any issue in connection with the Data Protection Act? Our Committee is opposed to providing the information to the Managing Agent, but we will value your guidance. The FPRA replies: Data Protection have a website through which one can seek guidance. Once when a member had a query I did this on their behalf. It all seemed rather pointless for me to be the intermediary. I would suggest that the member is directed to this service. I must say that I find Data Protection law is so vague and nebulous that - to my mind - it hardly deserves the title of 'law'. The crucial thing seems to be whatever the Data Protection Office thinks of a given case. So I would suggest that the member is referred directly to the Data Protection office. Alternatively, we could suggest that the members abandon the idea of getting recognition from the landlord (or its agent) and apply to the First Tier Tribunal for recognition, on the basis that the landlord's managing agent is putting unnecessary obstructions in the way. In my view, that sidesteps the whole issue. If the FTT doesn't want members' details, a certificate of recognition will be issued, which the landlord and its agent will have to act on. If the FTT requires details, then they are being supplied at the behest of a judicial body, and the member can hardly not comply.

Data Protection

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