Your right to dispute Tenancy Reference Data

If you have obtained a copy of Tenancy Reference Data from Excentum relatable to you, and you dispute the information contained in the Tenancy Reference Data as being incorrect or inaccurate, you have the right to seek to have such incorrect or inaccurate information amended, changed or corrected.

You cannot seek to change, alter, amend or update a Tenancy Reference Data for another person, unless you are a duly authorised and appointed representative – where duly notarized. Where the Tenancy Reference Data relates to a shared tenancy period involving more than one tenant during the Tenancy Reference Data period, you can seek to have specific Tenancy Reference Data amended where it is directly relatable to you.

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Right of Right of Amendment and Correction

As a ‘Data Subject’, under Data Protection legislation, you have the right seek to dispute any factual errors or inaccuracies contained in Tenancy Reference Data as held by Excentum, and as made available to Business Members of Excentum who use our Tenancy Reference Data Matching Service.

You can seek to exercise a ‘Right of Amendment and Correction’ to alter, amend, correct or update any Tenancy Reference Data held by Excentum, relatable to you, only where such request is compatible with rights of an individual as conferred under Data Protection Legislation.

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Apply – Right of Right of Amendment and Correction

If you have obtained any data Excentum may hold on / about / relevant to you and you wish to seek to exercise your right of Amendment or Correction regarding any of that data, please use our Contact Us form.

When we receive your request we will:

  • Acknowledge your request within 7 – 10 working days at the e-mail address you have provided;
  • Confirm if the amendments or corrections you requested have been caused by any typographical error on the part of Excentum in entering or managing any data and can be corrected by Excentum;
  • Advise you that the Tenancy Reference Data will be marked as ‘Under Review’ for a 30 day period;
  • Engage in the ‘Under Review’ processess as outlined below.

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Data marked as ‘Under Review’

Excentum accepts Tenancy Reference Data ‘as is’ when submitted by a Landlord, or duly authorised Landlords Agent (Business Member). Apart from seeking to confirm the identity of the Landlord, or duly authorised Landlords Agent (Business Member), we cannot check, confirm or validate the accuracy or completeness of the contents of any Tenancy Reference Data submitted by a Landlord, or duly authorised Landlords Agent (Business Member).

Where you have obtained Tenancy Reference Data from Excentum, relatable to you, and you have sought the right of Amendment and Correction, Excentum will mark the Tenancy Reference Data as ‘in dispute’ for a 30 day period.

During that 30 day period the Tenancy Reference Data ‘in dispute’ will remain accessible as Tenancy Reference Data and subject to access by means of our Tenancy Reference Data matching service, however a note will be attached to the record clearly identifying that it is ‘in dispute’ by an individual directly associated with this Tenancy period – without disclosing any identifying details or information about the person disputing the Tenancy Reference Data.

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Requests to Amend or Correct Data

Where a Data Subject has has sought to dispute what they contend are factual errors or inaccuracies contained in Tenancy Reference Data held by Excentum, relatable to them, and requested that Excentum alter, amend, correct or update any Tenancy Reference Data to reflect said correction, this request will be forwarded to the Landlord, Letting Agent, Letting Agency, Property Management Company or other authorised agents acting on behalf of a Landlord (Business Member), by e-mail or at any confirmed postal address provided by them.

– Request Approved:
If the Landlord, Letting Agent, Letting Agency, Property Management Company or other authorised agents acting on behalf of a Landlord (Business Member), agrees to alter, amend, correct or update the contents of any Tenancy Reference Data, Excentum will ‘update’ the data record within 30 days.

Confirmation of such ‘update’ will be forwarded to the you as the ‘Data Subject’ and the Landlord, Letting Agent, Letting Agency, Property Management Company or other authorised agents acting on behalf of a Landlord (Business Member). A note will be added to the Tenancy Reference Data held by Excentum to indicate when the data was altered, amended, corrected or updated and all Business Members who have requested or accessed a copy of that Tenancy Reference Data will be informed of the alteration, amendment, correction or update.

– Request Declined:
Where a you as a Data Subject have requested that Excentum alter, amend, correct or update any Tenancy Reference Data, as relatable to you, and the Landlord, Letting Agent, Letting Agency, Property Management Company or other authorised agents acting on behalf of a Landlord (Business Member), does not agree to alter, amend, correct or update the contents of any Tenancy Reference Data, Excentum will not ‘update’ the data record.

The Data Subject will be advised that the Landlord, Letting Agent, Letting Agency, Property Management Company or other authorised agents acting on behalf of a Landlord (Business Member), has not agreed to alter, amend, correct or update any Tenancy Reference Data.

A note will be added to the Tenancy Reference Data held by Excentum to indicate that an Amendment or Correction was requested, but declined by the Business Member.

Where such request is refused, you, as a Data Subject, retain the right to further contest any Tenancy Reference Data held by Excentum with the ICO – Information Commissioners Office who will provide ultimate adjudication on the matter. All decisions rendered by the ICO will be binding and final, subject to any further legal provisions.

– No response within 30 days:
If there is no response from the Landlord, Letting Agent, Letting Agency, Property Management Company or other authorised agents acting on behalf of a Landlord (Business Member) to a request for Amendment or Correction from you as the Data Subject, regarding data directly relatable to you, within 30 days, Excentum will advise the you that no response has been received. In such circumstances Excentum cannot ‘update’ the data record without the permission or approval of the Business Member who submitted the original Tenancy Reference Data.

A note will be added to the Tenancy Reference Data held by Excentum to indicate any decision/ruling of the ICO and all Business Members who have requested or accessed a copy of that Tenancy Reference Data will be informed of the alteration, amendment, correction or update.

Where no response is received within 30 days, you as the Data Subject can bring this matter to the attention of the ICO – Information Commissioners Office for further action. Excentum will comply with any direction given by the ICO to Amend or Correct any Tenancy Reference Data where no response was received from the Business Member who submitted the original Tenancy Reference Data.

– Referral to ICO (Information Commissioners Office):
You, as the Data Subject, retains the right at all times to contest any Tenancy Reference Data held by Excentum with the ICO – Information Commissioners Office who will provide ultimate adjudication on the matter.

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Reservation of Rights

Excentum reserves the right to remove any Tenancy Reference Data, that in its sole opinion violates, or may violate, any applicable law or the letter or spirit of its policies, as it sees fit, upon the request or instruction of the Information Commissioners Office (ICO) or a court of law, or any state agency with applicable jurisdiction.

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Matters before the Courts or other Adjudication

– Concluded Action:
Where a Tenancy related dispute has been the subject of concluded action within the courts or other legally binding adjudication process, and a judgement or finding has been made, such judgement or finding will have precedence over any Tenant Reference Data submitted to Excentum as part of any submitted Tenancy Reference Data.

On receipt of a copy of such judgement or finding Excentum will alter, amend or correct as may be appropriate in the context of the decision/adjudication any Tenant Reference Data held by Excentum within 7 working days to reflect the official judgement or finding.

– In Process:
Where a Tenancy related dispute is currently before the courts or other legally binding adjudication process, (where a decision or ruling has not been made or where either party has made an appeal against a decision) the Tenancy Reference Data will be marked ‘under review’ until the conclusion of any action.

Where any action before the courts or other legally binding adjudication process is subsequently concluded the Tenancy Reference Data will be updated to reflect any finding / decision / ruling, where such update may be requested by an individual / Tenant or Business Member party to the action.

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Data Protection – Legitimate Interests

Article 7 of the Data Protection Directive (95/46/EC) sets out legal grounds for processing personal data based on reasons other than the unambiguous consent of the data subject. The Directive states the following are legitimate conditions for processing personal data:

(f) processing is necessary for the purposes of the legitimate interests pursued by the controller or by the third party or parties to whom the data are disclosed, except where such interests are overridden by the interests for fundamental rights and freedoms of the data subject which require protection under Article 1 (1).

In this instance, the ‘Legitimate Interest’s’ condition provides grounds to process personal data in a situation where an 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 this instance Excentum is satisfied the processing of the data submitted, identified as a 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

See What is the “legitimate interests” condition? on the website of the Information Commissioners Office for more information.

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Data Protection – Personal Opinion

Some of the data contained in Tenancy Reference Data may constitute opinion, and such opinion, where included in Tenancy Reference Data may not be inaccurate if it faithfully represents someone’s opinion about an individual.

In these circumstances, the data would not need to be “corrected”, but the data controller may have to add a note stating that the data subject disagrees with the opinion.

See What are the other key definitions in the Data Protection Act?

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