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Q&A on the disclosure of personal data contained in the RTB register

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Who can Personal Data be disclosed to?

Personal Data may be disclosed to the following subject to certain conditions –

  • Data subject concerned or to a person acting on his behalf
  • 3rd parties at the request or with the consent of the data subject or a person acting on his behalf
  • Landlords/Tenants
  • Local Authorities
  • The Minister for Social & Family Affairs
  • Revenue Commissioners
  • 3rd parties for dispute resolution purposes
  • Central Statistics Office

Can data be exchanged between the RTB and the Local Authorities and the Minister for Social & Family Affairs?

Yes. 

Section 146 of the Act provides for reciprocal data exchange between the RTB and local authorities and the Minister for Social & Family Affairs. The RTB provides this information twice a year to the Local Authorities and the DFSA.

Can data be exchanged between the RTB and the Revenue Commissioners?

Yes.

Section 100 of the Housing (Miscellaneous Provisions) Act 2009 inserted Section 147A into the Act.

“The Board shall, at such intervals as are specified by the Revenue Commissioners, disclose to the Revenue Commissioners information contained in the register the disclosure of which to the Revenue Commissioners is reasonably necessary for the performance by the Revenue Commissioners of their functions.”

Section 148 of the Act also provides for the supply of tenancy registration details or confirmation of the fact of registration to the Revenue Commissioners. Tenancy registration details can be supplied to the revenue Commissioners at the request of the landlord or at the request of the Revenue Commissioners if they can supply the landlord’s PPSN or other unique identifier.

Can details from the Register be supplied to Local Authorities and the Local Government Computer Services Board?

Yes, for the purpose of the Non Principle Private Residence (NPPR).

Section 11 of the Local Government (Charges) Act 2009 provides for exchange of any information, upon receipt of a request from a local authority, in the possession or control of the RTB as the local authority may reasonably require for the purpose of enabling them to perform its functions under the Local Government Act.

Can data be exchanged between the RTB and the Central Statistics Office?

Yes

Section 30 of the Central Statistics Act 1993 allows for the use of records of public authorities for statistical purposes.

Can landlord details be supplied to 3rd parties?

Yes, in very limited circumstances.

For example if a neighbour wishes to contact a landlord or the agent for a landlord to resolve a matter before submitting a dispute to the RTB for resolution then he or she may request the name and address of a landlord from the RTB.

Section 15 of the Act imposes a duty on landlords to enforce the obligations of a tenant so that a third party directly affected by a failure to do so may refer a complaint to the Board under Section 77 of the Act. Section 77 provides for the referral to the Board of a complaint by a third party referred to in Section 15 affected by a landlord’s failure to enforce the obligations of the tenancy. Provided that the referrer of the complaint is or was directly and adversely affected by the breach of duty alleged in the complaint, and before making the complaint, the referrer by communicating or attempting to communicate with the relevant parties or former parties to the tenancy concerned, took all reasonable steps to resolve the matter.

For the purpose of making contact before referring a complaint, the Board may furnish a third party with the landlord’s name and address.

This application must be made in writing; further information is contained in the Dispute Resolution Section of this site Information on Third Party Applications for RTB Dispute Resolution

Can particulars of a tenancy be confirmed to parties to a tenancy?

Yes.

Section 133 of the Act provides that either party to a tenancy of a dwelling may request the Board to confirm the particulars specified in an application made to register the tenancy.

The Board must satisfy themselves by requesting such information as it may require that the person making the request is a party to the tenancy. The Board can only confirm information already know to the party i.e. they cannot provide information only confirm whether information the requester offers is correct or incorrect. PPSN numbers should not be confirmed.

Can entries in the register be furnished to landlords and tenants?

Yes.

Section 132 of the Act provides that landlords and tenants may be provided with a copy of any register entry relating to their tenancy.

The Board must satisfy themselves by requesting such information as it may require that the person making the request is a party to the tenancy.

The Board can only provide the name and address of the Landlord (Section 5 of the Housing (Rent Books) Regulations S.I. 146 of 1993 provides a basis) and information relating to the dwelling specified under Section 136 of Act.

Can entries in the published register be furnished to 3rd parties

Yes.

Section 132 of the Act provides that 3rd parties may be provided with a copy of any of the published register entries. A fee may apply.

Can personal information be disclosed over the telephone?

No.

The only information that can be disclosed over the phone is confirmation as to whether or not a tenancy is registered and non personal information that is available on the published register:

  • Address of the rented dwelling
  • Number of bedrooms
  • Number of Bed spaces
  • Floor area in sq. meters

All other requests must be made in writing Making a Request

Are there exceptions to the release of personal data?

Yes.

Section 8 (b) of the Data Protection Act provides that any restrictions in the Data Protection Act on the disclosure of personal data do not apply if the disclosure is -

required for -

  • the purpose of preventing detecting or investigating offences
  • apprehending or prosecuting offenders
  • assessing or collecting any tax, duty or other moneys owed or payable to the state, a local authority or a health board

in any case in which the application of those restrictions would be likely to prejudice any of the matters aforesaid.

  • Made to the data subject concerned or to a person acting on his behalf
  • Made at the request or with the consent of the data subject or a person acting on his behalf