Tenant Data Rights in Spain
As a tenant, you have rights over your personal data in Spain that protect your privacy and control how the landlord and third parties process information such as contracts, receipts and photographs of the property. The LOPDGDD and the GDPR establish ARCO rights (now known as rights of access, rectification, erasure and objection) and obligations of security and transparency. This practical guide explains in plain language what you can request, how to ask for information, what deadlines and forms usually apply, and what evidence to gather if there is a dispute. It also indicates when to go to the Spanish Data Protection Agency or a civil court to claim your rights.
What are your data rights
Rights related to the processing of personal data allow the tenant to access the information a landlord holds about them, request corrections or delete unnecessary data. In the rental context, data protection rules coexist with the obligations derived from the Urban Leases Act.[1] The LOPDGDD and the GDPR require information about the purpose of processing and to guarantee security and response times.[2]
Rights you can claim
- Access to the documents and data that the landlord has about your contract and payments.
- Rectification of errors in contracts, receipts or contact details.
- Erasure or restriction when data are no longer necessary for the contractual relationship.
- Objection to processing that exceeds what is strictly necessary, such as advertising or transfers to third parties.
How to request your rights
It is recommended to send a written request (email or registered letter) identifying yourself, explaining which right you exercise and attaching proof of identity and related documents. Keep copies of everything sent and received.
Deadlines and responses
Data controllers usually respond within the GDPR timeframes; if you do not receive a response or it is unsatisfactory, you can file a complaint with the supervisory authority or go to court. If the issue relates to the landlord's contractual obligations under the lease, reference the LAU and, if appropriate, civil or eviction proceedings.[1][3]
Frequently asked questions
- Can I ask the landlord to delete my data?
- Yes, you can request erasure when the data are no longer necessary for the contractual relationship, but it does not always apply if there are legal obligations to retain them.
- How long does an access request take?
- Regulations set response times; if there is no answer you should document the lack and consider filing a complaint with the supervisory authority.
- Do I have to pay to exercise my rights?
- Generally exercising rights is free; a fee may be charged only if the request is manifestly unfounded or excessive.
How to
- Gather documents: contract, receipts and any evidence that justifies the request.
- Draft a clear request indicating the right you exercise and attach a copy of your ID.
- Send the request by registered mail or email and note the sending date; keep acknowledgements or receipts.
- If you do not receive a response, file a complaint with the data protection authority or bring a claim in civil court.
Key points
- Document every step: emails, letters and proof of payments.
- Tenant privacy is protected by the LOPDGDD and the GDPR.
Help and resources
- [1] BOE - Ley 29/1994, de Arrendamientos Urbanos
- [2] BOE - LOPDGDD (data protection)
- [3] Ministry of Justice - information on civil procedures
