Privacy policy

For the purposes of the General Data Protection Regulation, the relevant local authority is the data controller of the content of the Scottish Landlord Register. For landlords operating across more than one local authority area there will be multiple data controllers.

The Scottish Landlord Register online service is provided by Scottish Government and hosted on this website by Registers of Scotland (RoS), on behalf of local authorities in Scotland who are required by Part 8 of the Antisocial Behaviour etc (Scotland) Act 2004 (the 2004 Act) to prepare and maintain a register of landlords.

The privacy policy explains what personal information is collected in connection with landlord registration and how the information will be used. It also provides contact details where you can find out more about your rights as an individual and how to make a complaint about the processing of your information.

Why is your personal information collected?

Personal information is collected as part of the application process for landlord registration. The information that is collected is used by the relevant local authority to assess whether you meet the requirements to be entered onto the landlord register and to let property in Scotland.

The basis for processing personal information is the legal duty on local authorities to prepare and maintain a register of private landlords.

What information is collected?

The personal information that must be collected during the application process is set out in legislation. Local authorities may also ask for additional information if they have reason to believe that information already provided is inaccurate, or it is otherwise necessary for the local authority to carry out registration and decision-making functions.

How will your information be used?

Local authorities may use the personal data you have provided in a number of ways, for example:

• to contact you regarding making a new application or renewing an existing registration;
• to contact you if they require further information regarding your application;
• to enable local authorities to make a decision about a new application or existing registration;
• to inform you of the decision to approve or refuse an application;
• to inform you of the decision to revoke a registration;
• to be displayed, as required, on the public register;

Local authorities have a legal duty to provide advice and information to tenants and landlords. They may use your contact details to provide you with general advice on what constitutes good practice in letting property. For example, to notify you when your legal duties as a landlord change or to publicise awareness or training events for landlords.

Information held in the register may be used by local authorities and the Scottish Government for statistical purposes related to monitoring the effectiveness of landlord registration. For example, to identify how many applications have been approved, refused, or revoked. Local authorities may also use statistical or geographical information from the register for example, to help develop local housing strategies or for research purposes. Information will be processed so that individuals cannot be identified.

Role of the Scottish Government and Registers of Scotland

The Scottish Government and Registers of Scotland are the joint data processors of any personal data which may be collected and processed in connection with public access to the website and the landlord register public search facility.

The following information is collected in connection with use of the online service:

• for each visit to the website we will automatically collect the Internet protocol (IP) address used to connect your computer to the Internet
• we automatically issue cookies to users who enter the website. Read full details on our cookies policy page.

IP addresses and cookies do not in themselves identify individual users but identify only the computer used. We will not use any data we collect to identify any individual users.

Payment information

The Scottish Government and Registers of Scotland provide a service to local authorities to process registration fee payments made online by debit or credit card. We will only have access to such information as is necessary to provide that service, and will only process that information for the purpose of providing that service.

Merchant services for online payments are via a third party merchant called Stripe. You can view their Privacy Notice here: https://stripe.com/gb/privacy

How will your information may be shared?

In accordance with section 139 of the 2004 Act, local authorities may share information with relevant authorities, including other local authorities; registered social landlords; and any authority administering Housing Benefit or Universal Credit. Information may also be shared with Police Scotland for the purposes of preventing and detecting crime.

Personal information available to the public

The 2004 Act specifies that the following information shall be made publicly available:

• the name(s) and correspondence address(es) of private landlords or agents who act on the owner's behalf
• whether a landlord is registered or if their application is awaiting approval
• if a landlord's registration has been refused or removed
• the local authorities the owner or agent is registered with
• whether there are any outstanding Repairing Standards Enforcement Orders for the property.

The local authority may give out additional information, such as the owner or agent's home or office address, and addresses of other properties the owner lets, if they are satisfied it is appropriate to do so. Any request for information other than what is publicly available will be considered under Freedom of Information (Scotland) Act 2002. Information is exempt from being released under Freedom of Information if releasing it would breach the Data Protection Principles.

You can find out more about Freedom of Information from the Scottish Information Commissioner website.

The local authority can withhold information from the public register if it believes that publishing that information could put people or property at risk.

To prevent the mining of landlord’s contact details, the online public search only permits targeted searches using a specific property or landlord registration number.

How long will your information be kept for?

The information provided by landlords will be held for 5 years after a registration has ended. The 5 year period may be extended if registration is ended on the basis of a decision by the local authority, for example, where a decision to refuse or revoke registration is the subject of an appeal.

Information provided where an application is started via the web based service will be retained for a period of 30 days from the date the application was started. If the application is not completed, the information will be deleted at the end of the 30 day period.

This policy applies only to the information held in relation to landlord registration. For further information about data retention please contact the relevant authority.

Accuracy of Information held within the register

We want to make sure that any personal information we hold about you is accurate. You must provide accurate information when applying for registration. Once registered, you must ensure that the information held within the system remains accurate and up to date. Failure to comply with these requirements is an offence, which is liable on summary conviction to a fine of up to £1,000. Landlords can update their information to reflect changes using the Renew / Update Journey or by notifying the change to the relevant local authority.

Your personal data rights

Under data protection law, you have rights we need to make you aware of. The rights available to you depend on the reason for processing your information. The General Data Protection Regulation (GDPR) provides the following rights for individuals:

• The right to be informed - about the collection and use of your personal data, this is covered in this Privacy Notice
• The right of access - Individuals have the right to access their personal data. This can be exercised by using the renew / update journey to view your information or by contacting the relevant local authority
• The right to rectification - Inaccurate personal data can be rectified, or completed if it is incomplete, by the landlord via the renew / update journey or by contacting the relevant local authority
• The right to erasure - GDPR introduces a right for individuals to have personal data erased. However, because the data within Landlord Registration is gathered on a legal basis, information will be held and retained within the data retention guidelines detailed above.
• The right to restrict processing - Individuals have the right to request the restriction or suppression of their personal data. However, the information gathered within Landlord Registration is based on the legal requirements of registration.
• The right to data portability - The right to data portability allows individuals to obtain and reuse their personal data for their own purposes across different services, allowing them to move, copy or transfer personal data easily from one IT environment to another in a safe and secure way, without affecting its usability. Doing this enables individuals to take advantage of applications and services that can use this data to find them a better deal or help them understand their spending habits. If you require a copy of the data held within your registration this can be accessed via the Renew / Update journey or by contacting the local authority.
• The right to object - GDPR gives individuals the right to object to the processing of their personal data in certain circumstances.
• Rights in relation to automated decision making and profiling - GDPR has provisions on automated individual decision-making (making a decision solely by automated means without any human involvement) to prevent any adverse automated decision making.

Further information

If you have any further questions about how your personal rights apply to the way your information is used by local authorities to administer landlord registration, you can contact the relevant local authority using the contact details here.

Data Protection Officers

Data controllers and data processors have a duty to nominate a Data Protection Officer (DPO). You can find the contact details for the relevant local authority, Scottish Government or Registers of Scotland DPO here.

The Information Commissioner’s Office

The Information Commissioner’s Office are the supervisory authority responsible for data protection in the UK. If an organisation has been unable, or unwilling, to resolve your information rights concern, you have the right to lodge a complaint with the ICO.

For further information, including independent data protection advice and information in relation to your rights as an individual, you can contact the Information Commissioner Scotland Office in the following ways:

Email: Scotland@ico.org.uk

Telephone: 0303 123 1115

Website: www.ico.org.uk

Post:
The Information Commissioner's Office - Scotland
45 Melville Street
Edinburgh
EH3 7HL

Changes to this privacy policy

This privacy notice will be updated as necessary to reflect any changes to the way in which your personal data is processed. This privacy policy was last updated on 15 November 2018.

Disclaimer

We seek to ensure that the information and help provided on this website is up to date and accurate. However, this information does not constitute legal or professional advice and the Scottish Government and RoS cannot accept any liability for actions arising from its use.