Data Protection

The following information relates to MyTenant.ie and its obligations regarding the obtaining, management and process of data under the Data Protection Acts 1998 and 2003. We encourage you to take the opportunity to familiarise yourself with our Data Protection Policy, and please do not hesitate to contact us if you have any questions or concerns.

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Data Protection – Tenancy Reference Data

MyTenant.ie obtains, manages and processes Tenancy Reference Data provided by Landlords, Letting Agents, Letting Agencies, Property Management Companies and other authorised agents acting on behalf of Landlords (Business Members) in relation to periods of tenancy in their residential properties dating back up to 6 years.

The Tenancy Reference Data we hold may be accessed and used by Business Members, both Landlords and non-landlords, in support of/as part of any decision making process by the Business Member as it may apply to applications they have received from individuals about the:

  • Rental or Leasing or residential property,
  • applications for Employment,
  • applications for Credit or Financial services, and
  • any other areas where verification of residence is required in support of applications or where residence related issues could warrant consideration as part of any decision making process.

where such action is not in contravention of any legally enforceable legislation in the Republic of Ireland.

The Tenancy Reference Data made available by MyTenant.ie to Business Members can be used by them, in conjunction with other information provided by applicants and data obtained from other data sources, to make fully informed decisions regarding applicants who have applied for Tenancy, Employment, Credit or Financial Services.

Tenancy Reference Data supplied by Business Members to MyTenant.ie does not constitute ‘Personal Data’ about a tenant in accordance with the Data Protection Act, and does not prevent Landlords, Letting Agents, Letting Agencies, Property Management Companies and other authorised agents (Business Members) acting on behalf of Landlords (Business Members) from sharing this Tenancy Data with others where ‘Legitimate Interest’s’ exist.

‘Personal Data’ refers to data which relates to a living individual who can be identified – (a) from those data, or (b) from those data and other information which is in the possession of, or is likely to come into the possession of, the data controller, in this instance MyTenant.ie. MyTenant.ie will not be able to identify any individual from any data provided by a Business Member nor will it hold, or have access to, any other data or information which could lead to the identification of the individual.

Tenancy Reference Data provided by MyTenant.ie to Business Members could eventually constitute ‘Personal Data‘ , where the Business Member acting as a ‘Data Controller’ in their own right is in possession of Tenancy Reference Data supplied by MyTenant.ie and has access to, or seeks to obtain, other data which could lead to the identification of an individual. However, Tenancy Reference Data held by MyTenant.ie, and supplied to Business Members, does not itself constitute ‘Personal Data’ in the absence of such secondary data which could lead to the identification of an individual.

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Data Protection – Personal Data

In accordance with the Data Protection Acts 1998 and 2003, some Data held by MyTenant.ie may constitute ‘Personal Data’ and may be subject to the Data Protection Acts 1998 and 2003.

Personal data means data which relate to a living individual who can be identified –

(a) from those data, or

(b) from those data and other information which is in the possession of, or is likely to come into the possession of, the data controller,

and includes any expression of opinion about the individual and any indication of the intentions of the data controller or any other person in respect of the individual.

MyTenant.ie is obliged to abide by the data protection principles embodied in the Data Protection Acts 1998 and 2003. These principles require that personal data shall:

  • be processed fairly and lawfully;
  • be held only for specified purposes and not used or disclosed in any way incompatible with those purposes;
  • be adequate, relevant and not excessive;
  • be accurate and kept up-to-date;
  • not be kept for longer than necessary for the particular purpose;
  • be processed in accordance with a data subject’s rights;
  • be kept secure;
  • not be transferred outside the European Economic Area unless the recipient country ensures an adequate level of protection.

In keeping with the underlying guiding ‘good practice’ principles of Data Protection, MyTenant.ie treats all Tenancy Reference Data it holds as data which is subject to the disclosure and the right of access as would applty to ‘Personal Data’ for the purpose of Subject Access Requests (SAR’s).

In addition, MyTenant.ie upholds the rights of an individual to seek to correct and amend incorrect, inaccurate or incomplete information as may be held by MyTenant.ie, as allowed for by Data Protection legislation.

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Data Protection – Subject Access Request

MyTenant.ie can process two types of Subject Access Requests:

  • – Tenancy Reference Data Subject Access Requests
  • – Non-Tenancy Reference Data Subject Access Requests

Individuals have the right to obtain from MyTenant.ie a copy of any information that is held about them, or as may be relatable to them. Making a request for this information is known as a ‘Subject Access Request’ (SAR).

This right of subject access means that a person can make a request under the Data Protection Acts to MyTenant.ie to supply them with copies of any records or information MyTenant.ie possesses on or about them, or which may be relatable to them.

MyTenant.ie will make a standard charge €6.35 to process a Subject Access Request, this is the maximum allowed by the Data Protection Act. MyTenant.ie is not a credit reference agency, and as such any fee schedule applicable to credit reference agencies does not apply.

This standard charge of€6.35 is non-refundable and applies to all Subject Access Requests, even where no data, information or records about the person, or relatable to the person, are held by MyTenant.ie. Application of such change in these circumstances is provided for under the Data Protection Acts.

– Tenancy Reference Data Subject Access Requests

Please see Tenants – Subject Access Request and also Tenants – Frequently Asked Questions for more information about Subject Access Requests and access to data.

You are not required to provide any proof of Identity and Residence to make a Tenancy Reference Data Subject Access Request.

– Non-Tenancy Reference Data Subject Access Requests

If you are seeking a copy of any information that is held about you, or as may be relatable to you, where it does not relate to Tenancy Reference Data (see above) you can make a Standard Subject Access Request, by post, using this form. We have up to 40 days to respond to your request. However, we do try to process this as quickly as possible, and once we have everything we need, a typical request can be processed within 10 – 14 days.

– Non-Tenancy Reference Data – Identification Required

You will also be required to provide documentary proof of identity and residence in support of your application. Scanned images, or photos, of suitable documents, will be accepted as proof of Identity and Residence, but we reserve the right to request original documentation.

You must enclose two proofs of identity, one from each of the lists below, to verify your identity and to protect against fraud. Photocopies are acceptable , but we reserve the right to request original documentation.

1: Proof of Identity – Documents Accepted (including scanned images/photos)

  • Current Irish, UK or EEA Passport, or
  • Irish photocard driving licence (full or provisional), or
  • UK photocard driving licence (full or provisional), or
  • National Identity Card (non-Irish Nationals), or
  • Identity Card issued by the Electoral office for Northern Ireland, or
  • Current non-Irish / UK / EEA passport with a valid endorsement evidencing leave to reside in the Republic of Ireland.

2: Proof of Residence – Documents Accepted (including scanned images/photos) – must have

Items marked with an * must be less than 3 months old, and must confirm your current address:

  • Irish Social Welfare Entitlement document issued by the Department of Employment Affairs and Social Protection , or
  • Irish Social Welfare Public Services Card issued by the Department of Employment Affairs and Social Protection, or
  • Irish or UK State Pension Entitlement document (with an address in the Republic of Ireland),
  • Revenue Tax document *, or
  • Financial statement issued by bank, building society credit union or credit card company *, or
  • Judiciary document such as Notice of Hearing, Summons or Court Order *, or
  • Utility bill for the supply of gas, electric, water or telephone landline *, or
  • Most recent mortgage statement *, or
  • Most recent Property Tax document / bill / statement, or
  • Most recent Council Tax bill/demand or statement *, or
  • Current Local Authority Tenancy agreement (including Rent Supplement or Housing Assistance Payment (HAP)), or
  • Building Society Passbook which shows a transaction in the last 3 months and your address.

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Data Protection – Credit Score / Credit Rating

MyTenant.ie is not a Credit Reference agency and does not seek, obtain, manage or process;

  • credit scoring records;
  • credit histories;
  • copies of County Court Judgements (CCJs);
  • electoral roll information;
  • details of PPI policies or payments.

MyTenant.ie not seek, obtain, manage or process Sensitive Personal Data such as;

  • names;
  • date of birth
  • telephone numbers;
  • e-mail address;
  • personal public service numbers (PPSN);
  • or any other personally identifiable information.

For more information on this, please visit our FAQ’s for Tenants page.

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Data Protection – Legitimate Interests

The Tenancy Reference Data we process is done so in accordance with  the Data Protection Acts,  Section 2A(1)(d), in that:

‘the processing is necessary for the purposes of the legitimate interests pursued by the data controller or by a third party or parties to whom the data are disclosed, except where the processing is unwarranted in any particular case by reason of prejudice to the fundamental rights and freedoms or legitimate interests of the data subject.’

In such instance, the ‘Legitimate Interest’s’ condition provides grounds for MyTenant.ie to process data supplied by Business Members in a situation where an individual, business or organisation needs to do so for the purpose of its own legitimate interests or the legitimate interests of the third party that the information is disclosed to.

In such instance, MyTenant.ie is satisfied the processing of the data submitted by Business Members, identified as Tenancy Reference Data, complies with this definition and does not prejudice the rights and freedoms or legitimate interests of the individual whose data is being processed.

However, in keeping with the underlying guiding ‘good practice’ principles of Data Protection, MyTenant.ie treats all Tenancy Reference Data it holds as data which is subject to the disclosure and the right of access as applies to ‘Personal Data’ for the purpose of Subject Access Requests (SAR’s).

In addition MyTenant.ie upholds the rights of an individual to seek to correct and amend incorrect, inaccurate or incomplete information as may be held by MyTenant.ie, as allowed for by Data Protection legislation.

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Data Protection – Personal Opinion

Some of the data contained in Tenancy Reference Data may constitute the ‘Personal Opinion’ of Business Members, and such opinion, where included in Tenancy Reference Data may not be inaccurate if it faithfully represents the Business Members opinion about an individual Tenancy period in their property, or property they manage for a third party.

In circumstances where a person, having obtained a copy of Tenancy Reference Data from MyTenant.ie by means of a Subject Access Request, disagrees with the expressed ‘Personal Opinion’ of the Business Member, that data would not need to be “corrected”. However, MyTenant.ie, as the data controller, may have to add a note to the Data stating that the person disagrees with the Personal Opinion of the Business Member as expressed in the Tenancy Reference Data.

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Data Protection – Right of Amendment and Correction

Under the Data Protection Acts 1998 and 2003, an individual has the right seek to dispute any factual errors or inaccuracies contained in data held by MyTenant.ie about them, or relatable to them.

Persons can seek to exercise a ‘Right of Amendment and Correction’ to alter, amend, correct or update any data held by MyTenant.ie, only where such request is compatible with rights of an individual as conferred under Data Protection Legislation.

A person always retains the right to contest any Tenancy Reference Data held, or made available to Business Members, by MyTenant.ie as part of its Tenancy Reference Data Matching Service with the Data Protection Commissioner who will provide ultimate adjudication on the matter.

For more information on this, please visit our FAQ’s for Tenants page.

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Data Protection – Content Removal or Alteration

MyTenant.ie reserves the right to remove any such information or material that in its sole opinion violates, or may violate, any applicable law, the letter or spirit of the MyTenant.ie operational policies or practices, or upon the request of any third party where deemed appropriate by MyTenant.ie.

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Data Protection – Jurisdiction and Governing Laws

This Data Protection policy will be governed by and construed in accordance with the laws of the Republic of Ireland, where this website is hosted, in accordance with applicable Data Protection legislation. If any provision of this policy is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of this policy, which will continue in full force and effect. All rights not expressly granted herein are reserved.

If any court having the appropriate authority finds that any part of this policy is not valid, this will not affect the validity of any of the other part of this policy. If MyTenant.ie fails to take advantage of any right it has under this policy or any other terms, it does not mean MyTenant.ie is giving up that right.

This policy will be governed by, and interpreted in line with, Irish law and Data Protection legislation in force in the Republic of Ireland. Users of this website and any services provided by MyTenant.ie agree that the Irish courts will have full authority to settle any dispute that may arise out of or in connection with this policy.

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Data Protection – MyTenant.ie

Data Protection Registration Number: Registration not required by Data Protection Commissioner
Data Controller Contact: datacontroller@mytenant.ie

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