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Ask HN: Does privacy and data protection law apply to the inside of your home?

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Re: Ask HN: Does privacy and data protection law apply to the inside of your home?

#13

Post by rsgrn »

foreigner wrote: post #12

Pretty sure this is standard practice in England. All of my estate agents have done it too. I assumed the purpose was to prove to the landlord that they actually checked for damage in each room?

This is my personal understanding, that it is to prove to the landlord that they did the inspection.

However, isn't that their problem, not mine? Are they really using people's data to prove their business obligations?

Re: Ask HN: Does privacy and data protection law apply to the inside of your home?

#14

Post by rsgrn »

barbarbar wrote: post #3

I am speechless. It is outright insane. I can not see how this can be legal? Though I have zero knowledge of UK laws (living in Scandinavia). I have previously rented an apartment for 15 years. With one inspection at the end of the rent. And that inspection was after I had moved out.

It's quite insane to me to, hence the curiosity.

Re: Ask HN: Does privacy and data protection law apply to the inside of your home?

#15

Post by rsgrn »

tristor wrote: post #8

Even if it's legal I wouldn't put up with that, and something that extreme would need to be detailed thoroughly in the lease agreement. If it's not, you didn't agree to it, and I'd be telling them to leave or you'll be calling the police to have them arrested for trespassing. Then I'd be moving ASAP and suing them for breach of contract and a return of previous rents. Generally, at least in the US (every state differ…

I would like to not put up with it, hence asking questions to see if they actually understand what they are doing...

It is also during period inspection, so they have asked to attend and it has been agreed.

Re: Ask HN: Does privacy and data protection law apply to the inside of your home?

#16

Post by rsgrn »

jarofgreen wrote: post #11

Firstly England and Scotland have different laws so you need to be more specific about where you live. Secondly I would advise contacting a helpline and asking them - Shelter or citizens advice bureau.

It's England. Edited post.

Re: Ask HN: Does privacy and data protection law apply to the inside of your home?

#17

Post by rsgrn »

ckastner wrote: post #9

You're asking the wrong question. It's not up to you to prove the unlawfulness, it's up to them to prove the lawfulness (which is clearly not given if the contract expressly mentions only damage photographs). The next time this happens, simply tell them that they have no right to photograph beyond what was agreed, and instruct them to cease immediately. If they feel differently, it is up to them to demonstrate on wha…

I've asked questions to see what grounds they believe they are using.

Re: Ask HN: Does privacy and data protection law apply to the inside of your home?

#19

Post by rsgrn »

lmkg wrote: post #4

This situation is covered by GDPR. GDPR has a "household activities" exemption, which does not apply here because it's the business activity of your landlord. The data is certainly personal data because it's connected to you (even if indirectly, via your apartment number). Per GDPR, they have an obligation to inform you what data is being collected and for what purpose (Article 14). If they only mention damage photog…

Thank you for the breakdown, this was my understanding having done some basic GDPR training. I'm aware of the regulator. I've nicely asked questions for now, to see what the answers are.
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