Airbnb controls may breach data laws and Human Rights Convention

Scotland’s controversial licensing regime on Airbnbs and other short lets, due to start next month, may breach the European Convention on Human Rights.

That’s the view of the Association of Scotland’s Self-Caterers - one of scores of tourism, property and leisure organisations which has complained about the Scottish Government proposals.  

The licensing legislation will require all short-term lets – from self-catering to B&Bs, and home-swapping to those renting out a room in their property – to have a licence to operate. 

Now the head of the ASSC, Adrienne Carmichael, has written to First Minister Humza Yousaf to warn the proposals may be in breach of the European Convention on Human Rights, as well as privacy and data protection laws.

Carmichael says the requirement for STL licensing applicants to publicly disclose their personal data on application notices and council licensing registers may be in contravention of Article 8 of the ECHR and the Scotland Act 1998, as well as General Data Protection Regulation and the Data Protection Act. 

And she adds there is “precious little, if any, evidence” that licensing authorities have undertaken a data privacy impact assessment. She says: “There are instances of operators who have worked in the security services and law enforcement, well versed in protecting their personal information from public scrutiny, who have now decided that the risks to them and their loved ones which are posed by a licence application are simply too great to take.”

Her colleague Fiona Campbell, chief executive at the Association of Scotland’ Self-Caterers, adds: “This is just another example of how the Scottish Government has taken forward incompetent legislation. They need to pause this disastrous scheme and undertake a much-needed review before it is too late.

“Our sector feels demonised for running small businesses in Scotland’s vital tourism sector and are demoralised at the fractious impact of the debate. When we have sought to highlight the many shortcomings of the licensing legislation, the threats and harassment often increase. The toxicity remains and if anything is getting worse, with operators blamed for all manner of societal ills.

“I speak from personal experience after being assaulted in 2018 and subjected to continued harassment from neighbours, purely through trying to earn a living for my family. Sadly, I am not alone. Many ASSC members have told me that they won’t give their personal details on the licence application for fear of being attacked. Remember, these are operators of legitimate small accommodation businesses, who are a vital and integral part of the tourism sector.”

A Scottish Government spokesperson says in response: “Good quality standards are at the heart of regulating the short-term let sector. Local councils’ licensing schemes have been in operation since October 2022 and many short-term let hosts have already obtained licences.

“… Six impact assessments, including a Data Protection Impact Assessment, were published as part of the 2020 consultation on the scheme. The Scottish Government will respond to the ASSC in due course.”

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