Data Protection for Tenants in Spain
As a tenant in Spain, it is essential to understand how your personal data are used and protected in rental situations. The LOPDGDD and the GDPR establish what information a landlord can request, how it must be stored and when you can request access, rectification or erasure. This practical guide explains which documents are commonly requested, what rights you have over your file and clear steps to challenge or limit processing. It includes sample requests and practical tips to preserve evidence and control access to your data. If you have doubts about an information request, here you will see when it is proportionate and how to respond.
What data and documents can your landlord request?
Not all data are the same. A landlord may ask for reasonable information to assess payment capacity and contract compliance, but must respect data minimization and the purpose of processing.
- Identity document (DNI, NIE or passport).
- Employment contract or pay slips to prove solvency.
- References from previous landlords or relevant reports.
- Proof of payments and rent receipts.
- Documentation related to the security deposit when necessary.
Your rights under the LOPDGDD and the GDPR
As the data subject you have recognized rights: access, rectification, erasure, restriction, objection and portability. These rights allow you to know what data are processed, correct errors or request deletion when there is no legal basis to retain them. In the rental context, distinguish what civil law requires and what regulates personal data processing.[1]
How to protect your documents and what to request from the landlord
Always ask for clear information about the purpose and retention period of your data. Request in writing the list of data to be added to your file and the source of those data when applicable.
- Request a copy of the data provided and the file where they are recorded.
- Ask for a form or record showing consent if you were asked to authorize processing.
- Restrict unauthorized access and ask who will have access to your documents.
- Do not sign clauses allowing unlimited data transfers; require precise purpose statements.
Frequently Asked Questions
- Can the landlord request my employment history?
- They may request sufficient information to assess solvency, but must limit themselves to what is strictly necessary and respect privacy.
- How long can they keep my data?
- Only as long as necessary for the communicated purpose; if there is a legal obligation (for example, accounting retention) those terms will apply.
- What if they refuse my access to data?
- Ask for a written motivated refusal and, if there is no response or the answer is unjustified, file a complaint with the Spanish Data Protection Agency or consult a lawyer.
How to submit an access or rectification request
- Draft the request indicating your identity and the right you exercise (access, rectification, erasure).
- Attach a copy of your DNI/NIE and any examples or evidence supporting the rectification if applicable.
- Send the request by a traceable means (email with receipt or burofax) and keep records.
- Wait for the response: the organization has one month to reply or two months if the request is complex.
Key takeaways
- You have clear rights over your data that you can enforce at any time.
- Keep records of communications and documents you deliver.
- Use channels that provide proof (email, burofax) to protect yourself in disputes.
Help and support / Resources
- BOE - Consolidated text of the Urban Lease Law
- Ministry of Justice - Information for citizens
- Poder Judicial - Guides and forms
