Property Records

Question 1

How do you ensure you comply with the data protection laws?

Answer 1

• I do not collect or store sensitive information
• My company is registered with the Information Commissioners Office
• I ensure I comply with the principles of the Data Protection Act 2018
• I only send marketing information to those who have given me written or verbal consent for me to do so
• I ensure I remove people from marketing lists promptly if requested to do so
• When sending out mass emails about development opportunities I ensure email addresses are BCC’ed to keep them private

Question 2

What are the 8 principles of the Data Protection Act?

Answer 2

1. Processed fairly and lawfully
2. Processed only for relevant purposes
3. Adequate, relevant and not excessive in relation to the purpose for which it is held
4. Accurate and up to date
5. Held no longer than necessary
6. Processed in line with the data subject’s rights
7. Kept securely
8. Not be transferred to countries that don’t have similar data protection laws

Question 3

What would you do if HMRC requested information about one of your clients?

Answer 3

I would ensure that they were entitled to receive the information or were authorised to act on behalf of the individual. I would request that they provide evidence of this entitlement, in the form of a written authority to make the request or a general power of attorney.

Question 4

What are the benefits of keeping electronic files?

Answer 4

• More environmentally friendly
• Enables remote working
• Ease of transferring information

Question 5

What are the dangers and how do you protect against them with regard to data protection?

Answer 5

• Viruses – use anti virus software protection
• Loss of data – regularly back up files
• Information falling into the wrong hands – use password protection on all devices

Question 6

What is the freedom of information act and how may it impact your work?

Answer 6

Individuals have the right to request information from public authorities and companies wholly owned by public bodies. This information must be provided in the format requested within 20 working days. This may affect me in regards to documents supplied for a planning application for example a viability assessment.

Question 7

Is there any exclusion on information that can be obtained through an FOI?

Answer 7

Commercially sensitive information may be redacted or criminal case

Question 8

Do RICS produce any guidance with regard to data protection?

Answer 8

The Electronic Document Management Guidance Note which recommends the following:
• Protect files and documents with passwords
• Ensure attachments are saved alongside the original email they were sent with
• Create a standard folder structure
• Ensure only the appropriate people have access to folders
• Back up data regularly

Question 9

Why is the data protection act 2018 important?

Answer 9

The Data Protection Act 2018 controls how your personal information is used by organisations, businesses or the government. The Data Protection Act 2018 is the UK’s implementation of the General Data Protection Regulation (GDPR)