March 2022
Question:
Can you help clarify if I’m obliged as a landlord to provide my date of birth as well as my PPS number in registering with the RTB. I am wondering if it is a legal requirement and how it is covered under GDPR.
Response:
The RTB is a statutory body responsible for (but not limited to) the operation of a national registration system for all residential tenancies, the operation of a dispute resolution service, the provision of both information and policy advice, and completion of research regarding the rental sector.
PPS Numbers are used as reliable identifiers in the course of carrying out the RTB’s statutory functions under Section 151 of the Residential Tenancies Act 2014 – 2019 and associated enquires and in the context of the bringing of proceedings relating to under residential tenancies legislation and the enforcement of determinations made in relation to these proceedings. PPS Numbers are used for identification and verification of service-users on our internal systems and are also used to identify duplicate records. PPS Numbers are subject to verification at various stages of the RTB’s processes.
The collection of date of birth is necessary to verify PPSN details with the DEASP in order for the RTB to carry out our statutory functions. There is nothing in data protection law that prevents the RTB from collecting the DOB data of an individual provided it is necessary to achieve the purpose (i.e. there is no other less intrusive way to do so) as is the case with verifying a landlords PPSN with the DEASP as they require a PPSN number and a DOB to carry out their function with us.
It is necessary for the RTB to verify the PPSN as there are a large number of agents and landlords providing incorrect PPSNs which creates errors and duplication on the system which, in turn, has customer service, data protection, reporting and data sharing implications. For example, the information from the Prescribed Form is used to populate the register maintained by the RTB in accordance with Section 127 of the Residential Tenancies Act. Therefore, the inability to verify the PPSN has direct impact of hampering the implementation of the RTB’s statutory function.
(Response Credit – RTB)