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Breach of privacy by landlord?

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  • 17-10-2014 4:08am
    #1
    big.bird84
    Registered Users Posts: 31 ✭


    My landlord passed on my private mobile number to a third party without my consent for something that I had already told my landlord I would not be allowing. Is this a breach of privacy?


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    #2
    old_aussie
    Registered Users Posts: 3,410 ✭✭✭old_aussie


    Might depend on who he passed the number to.

    Did he pass it to the elcectrician/plumber/gas company/electric supplier/water supply co. incase they needed to contact you re a fault or update on their gear.

    In any case the LL should have sought your permission first if you told him not to pass the number to anyone.


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    #3
    big.bird84
    Registered Users Posts: 31 ✭big.bird84


    No. He passed it to an auctioneer to try and talk me into allowing a viewing of my house (he's trying to sell) after I explicitly and repeatedly told him the night before that I would not allow any viewings while I live in the house. I have the voicemail from the auctioneer stating he gave her my number and her trying to talk me into it.


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    #4
    h2005
    Registered Users Posts: 1,387 ✭✭✭h2005


    Is it not pretty standard to allow some viewings?


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    #5
    mighty magpie
    Registered Users Posts: 981 ✭✭✭mighty magpie


    big.bird84 wrote: »
    No. He passed it to an auctioneer to try and talk me into allowing a viewing of my house (he's trying to sell) after I explicitly and repeatedly told him the night before that I would not allow any viewings while I live in the house. I have the voicemail from the auctioneer stating he gave her my number and her trying to talk me into it.

    Have you got something against this LL previous to what happened with your phone number.

    I don't see why you would not allow pre arranged viewings.


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    #6
    big.bird84
    Registered Users Posts: 31 ✭big.bird84


    Not if the tenant doesn't agree but that's not the issue here. Did he breach the terms of our lease by giving my private information to a third party without my consent?


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    #7
    big.bird84
    Registered Users Posts: 31 ✭big.bird84


    Ok, the topic seems to have gotten lost here. Is he legally allowed to give out my phone number to people without my consent?


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    #8
    Into The Blue
    Closed Accounts Posts: 2,358 ✭✭✭Into The Blue


    Yes, people pass on phone numbers every day.


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    #9
    garhjw
    Closed Accounts Posts: 1,424 ✭✭✭garhjw


    It's not your house, it belongs to the landlord.

    If you aren dispute with the ll, lodge it with the PRTB.

    In my opinion, you should allow viewings but only at times/dates convenient to you.


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    #10
    indigo twist
    Closed Accounts Posts: 500 ✭✭✭indigo twist


    garhjw wrote: »
    It's not your house, it belongs to the landlord.

    If you aren dispute with the ll, lodge it with the PRTB.

    In my opinion, you should allow viewings but only at times/dates convenient to you.

    He's correct in that this isn't the issue here, and that he's perfectly entitled to refuse to allow viewings.

    OP I'd be annoyed too, but I don't think that he has done anything illegal here. Just ignore the voicemail and block the auctioneer's number.


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    #11
    zetalambda
    Closed Accounts Posts: 822 ✭✭✭zetalambda


    big.bird84 wrote: »
    Ok, the topic seems to have gotten lost here. Is he legally allowed to give out my phone number to people without my consent?

    Only if their is a clause in the lease expressly stating that he will not pass your phone number on to a third party without your consent.


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    #12
    D3sperado
    Registered Users Posts: 84 ✭✭D3sperado


    You would probably have an avenue of complaint to the data protection commissioner as the Landlord would be a data controller of your personal data and if he disclosed this to a third party without telling you about it then it could conceivably fall outside the requirement of "fair processing" under the DP Acts (unless all of this had been explained to you or it was addressed in the lease).

    Whether its actually worth the hassle of submitting a complaint is a separate issue, given that the most that would happen is a slap on the wrist to say not to do it again.


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    #13
    big.bird84
    Registered Users Posts: 31 ✭big.bird84


    zetalambda wrote:
    Only if their is a clause in the lease expressly stating that he will not pass your phone number on to a third party without your consent.


    That's fine. Thank you :-)


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    #14
    jimmycrackcorm
    Registered Users Posts: 14,339 ✭✭✭✭jimmycrackcorm


    big.bird84 wrote:
    I explicitly and repeatedly told him the night before that I would not allow any viewings while I live in the house. I have the voicemail from the auctioneer stating he gave her my number and her trying to talk me into it.

    You stated you didn't want any viewings but did not mention anything regarding your phone number.


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    #15
    spaceHopper
    Registered Users Posts: 3,992 ✭✭✭spaceHopper


    You're right he shouldn't have given out your number but you are mad! If your landlord needs to sell you have two options, go along with it and help him or if you are on part 4 tennency he'll break the lease to sell the house empty - best start looking got a new house and do you need a reference from him?


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    #16
    runawaybishop
    Registered Users Posts: 9,507 ✭✭✭runawaybishop


    big.bird84 wrote: »
    Ok, the topic seems to have gotten lost here. Is he legally allowed to give out my phone number to people without my consent?

    No, not to third parties. Landlord is a business and is a data controller, as such giving out your number is a breech and can be reported.

    People are fully entitled to enjoy the privacy of their own home and are under no obligation whatsoever to allow viewings.


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    #17
    Mrs OBumble
    Registered Users Posts: 25,966 ✭✭✭✭Mrs OBumble


    D3sperado wrote: »
    You would probably have an avenue of complaint to the data protection commissioner as the Landlord would be a data controller of your personal data and if he disclosed this to a third party without telling you about it then it could conceivably fall outside the requirement of "fair processing" under the DP Acts (unless all of this had been explained to you or it was addressed in the lease).

    Whether its actually worth the hassle of submitting a complaint is a separate issue, given that the most that would happen is a slap on the wrist to say not to do it again.


    This.

    Whether it's worth complaining or not, I'm not sure. If you have a car parked outside the house, then I think that anyone can get your details by paying for a lookup of the registration. (Mmm ... have i heard about this in Ireland, or was it only at home .. I'm not sure. But there are various ways that a cunning agent could get your number.)

    And if your phone has a facility to block numbers, then you've got a very simple solution.


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    #18
    usernamegoes
    Registered Users Posts: 901 ✭✭✭usernamegoes


    zetalambda wrote: »
    Only if their is a clause in the lease expressly stating that he will not pass your phone number on to a third party without your consent.

    Which laws have you considered in your assessment?

    I agree with other posters regarding data protection.


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    #19
    Fkall
    Registered Users Posts: 135 ✭✭Fkall


    D3sperado wrote: »
    You would probably have an avenue of complaint to the data protection commissioner as the Landlord would be a data controller of your personal data and if he disclosed this to a third party without telling you about it then it could conceivably fall outside the requirement of "fair processing" under the DP Acts (unless all of this had been explained to you or it was addressed in the lease).

    Whether its actually worth the hassle of submitting a complaint is a separate issue, given that the most that would happen is a slap on the wrist to say not to do it again.
    If the Estate Agent is acting as a agent of the landlord there is no data protection breech.


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    #20
    Sixtoes
    Registered Users Posts: 658 ✭✭✭Sixtoes


    Sounds like you don't wana move out. Good luck with that.


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    #21
    usernamegoes
    Registered Users Posts: 901 ✭✭✭usernamegoes


    Fkall wrote: »
    If the Estate Agent is acting as a agent of the landlord there is no data protection breech.

    Maybe or maybe not, depends on a number of things.

    Under Principle 1, fairness requires that the data subject be made aware of the persons or categories of persons to whom the data may be disclosed.

    Was he made aware that his data be be disclosed to a third party estate agent?

    There there a written contract between the estate agent and the LL specifying that they may only act on the LL's instructions and that they must have appropriate technical and organisational measures in place to protect the data?


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    #22
    Fkall
    Registered Users Posts: 135 ✭✭Fkall


    usernamegoes wrote: »
    Maybe or maybe not, depends on a number of things.

    Under Principle 1, fairness requires that the data subject be made aware of the persons or categories of persons to whom the data may be disclosed.

    Was he made aware that his data be be disclosed to a third party estate agent?

    There there a written contract between the estate agent and the LL specifying that they may only act on the LL's instructions and that they must have appropriate technical and organisational measures in place to protect the data?

    Principle 1: the landlord informed the op before passing on his details.

    Are you suggesting that the a tenant has a single right of audience with the landlord.


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    #23
    usernamegoes
    Registered Users Posts: 901 ✭✭✭usernamegoes


    Fkall wrote: »
    Principle 1: the landlord informed the op before passing on his details.

    Are you suggesting that the a tenant has a single right of audience with the landlord.

    Do we know that he was told before the phone number was passed on, I can't recall that in the thread (but I may have missed that.)

    Either way the Principle 1 notice should be given before or while the data is being collected. So if the landlord had the data for any amount of time, then he cannot change the fairness notice just like that.


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    #24
    big.bird84
    Registered Users Posts: 31 ✭big.bird84


    For some reason I got a warning for genuinely thanking another poster for their opinion. Am I missing something? Are ya not allowed to be nice on here or is that classed as uncivil?!


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    #25
    Bongalongherb
    Closed Accounts Posts: 3,766 ✭✭✭Bongalongherb


    I wouldn't fancy the idea of allowing a bunch of strangers to enter my apartment and looking around in my private space.

    I wouldn't conform to this either, not a chance. When my lease is up and I'm gone, then the landlord can send whoever he/she likes to view the apartment. Why would anyone want to allow strangers roam around in their private apartment-space.


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    #26
    big.bird84
    Registered Users Posts: 31 ✭big.bird84


    Bongalongherb wrote:
    I wouldn't fancy the idea of allowing a bunch of strangers to enter my apartment and looking around in my private space.

    Bongalongherb wrote:
    I wouldn't conform to this either, not a chance. When my lease is up and I'm gone, then the landlord can send whoever he/she likes to view the apartment. Why would anyone want to allow strangers roam around in their private apartment-space.


    Thank you. I can't understand why anyone wouldn't understand this is exactly the way I feel about it! This is my home, which I pay for every month, and I don't allow anyone I don't want into it. I did for months and now I've had enough so I've put a stop to it.


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    #27
    Bongalongherb
    Closed Accounts Posts: 3,766 ✭✭✭Bongalongherb


    big.bird84 wrote: »
    Thank you. I can't understand why anyone wouldn't understand this is exactly the way I feel about it! This is my home, which I pay for every month, and I don't allow anyone I don't want into it. I did for months and now I've had enough so I've put a stop to it.

    It's all up to you as a paying tenant regarding who you want to allow into your abode, because it is your abode as long as you are living there and paying rent. If you do not want strangers to enter your abode, then you are entitled to decline the viewing any-time you so wish.

    Also, know your rights as a tenant. Source: http://www.citizensinformation.ie/en/housing/renting_a_home/tenants_rights_and_obligations.html


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    #28
    big.bird84
    Registered Users Posts: 31 ✭big.bird84


    indigo twist wrote:
    He's correct in that this isn't the issue here, and that he's perfectly entitled to refuse to allow viewings.

    indigo twist wrote:
    OP I'd be annoyed too, but I don't think that he has done anything illegal here. Just ignore the voicemail and block the auctioneer's number.


    I thanked you yesterday and got a warning for it (?!) so I'll say it again. Thanks for your help :-)


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    #29
    The_Morrigan
    Registered Users Posts: 9,368 ✭✭✭The_Morrigan


    big.bird84 wrote: »
    For some reason I got a warning for genuinely thanking another poster for their opinion. Am I missing something? Are ya not allowed to be nice on here or is that classed as uncivil?!
    big.bird84 wrote: »
    I thanked you yesterday and got a warning for it (?!) so I'll say it again. Thanks for your help :-)

    It is against the charter to discuss moderation on thread...if you have an issue contact the Mod in question.


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