Data Protection Commissioner
Data Protection Commissioner

Frequently Asked Questions - FAQ

9. Management Companies

9.1  Can Management Companies disclose to all members details of those property owners/members that have not paid service charges ?

In general, no. This is personal data of the members concerned and should not be disclosed without their consent or unless such disclosure is explicitly provided for  in the memorandum and articles of association of the company as a condition of membership.

9.2 Is a member of a management company entitled to be provided with a full list of all registered members of the management company?

Under Section 116 of the Companies Acts every company is required to keep a register of the company's members containing details of the names and addresses of each member (which would not necessarily be their usual residential address if that is different from the property address which they own within the particular development). Every company's register of members, including that of a management company, is a public document. It may be inspected free of charge by any member of the company, and by any other person on payment of a nominal fee (Section 119 Companies Acts).

Accordingly given that there is a specific legal basis for the provision of this data, there would be no issue from a data protection point of view with a management company making these registers available for inspection to members of the company or to the public in line with the specific provisions of the relevant legislation as outlined above.