Explanation concerning a duty of the consumer to provide with copies of necessary documents for the conclusion of contract for receiving housing and communal services

06/11/2015 14:50

The Ukrainian Parliament Commissioner for Human Rights received numerous applies of citizens concerning compliance of provisions of the Law of Ukraine "On protection of personal data" with requirements of PJSC "Kyivenergo" and other suppliers of housing-and-communal services to submit copies of documents while concluding contracts with consumers. In this regard we have to note the following.

Article 6 of the Law of Ukraine "On protection of personal data" (hereinafter referred to as the Law) established that processing of personal data is carried out for the specific and lawful goals determined by consent of the subject of personal data or in the cases foreseen by laws of Ukraine in the order established by the legislation. Data processing concerning the natural person which is confidential information, isn't allowed without his consent, except the cases determined by the law and only in interests of national security, economic welfare and human rights.

Article 11 of the Law defined the bases of processing of personal data among which, in particular, there is a conclusion and execution of the transaction which party is the subject of personal data or which is concluded in interests of the subject of personal data or for implementation of actions preceding the conclusion of the contract upon request of the subject of personal data.

The legal relationships arising between producers, providers, consumers in the course of creation of granting and consumption of housing-and-communal services are regulated by Laws of Ukraine "On housing-and-communal services", "On power industry", "On drinking water and drinking water supply", "On heat supply" and some other normative legal acts establishing that the corresponding housing-and-communal services are provided for consumers on the basis of the contract.

The list of data on the consumer which have to be included in contracts on the basis of documents of the natural person – the passport, of the document on assignment of registration number of the registration form of the taxpayer etc. is defined by the standard contracts approved by the Cabinet of Ministers of Ukraine. In spite of the fact that contracts on providing the mentioned services have to be signed with the owner of premises, the service provider has to check the documents confirming the property right.

Thus, the request to show documents for the purpose of preparation of the mentioned contracts is quite legal requirement. At the same time the legislation didn't foresee the right or a duty of suppliers of housing-and-communal services to demand and store copies of the mentioned documents.

Therefore, the duty of consumers to submit copies of documents necessary for the conclusion of the contract for receiving housing-and-communal services is absent.

To collect and store copies of the documents necessary for the conclusion of contracts with consumers it is possible only on the basis of voluntary consent of consumers. In particular, the employee of the producer of housing-and-communal services can suggest the consumer to provide copies of documents for simplification and acceleration of procedure of preparation and registration of the relevant contract. In that case the consumer has an option – to submit or not to submit copies of documents to the supplier of housing-and-communal services.

Besides, the consumer can make personally on copies of documents caution concerning use of the corresponding copies only for the purpose of preparation and the conclusion of the contract.

According to eighth part of the article 6 of the Law of Ukraine "On protection of personal data" personal data is processed in the form allowing identification of the natural person whom they concern, no longer than it is necessary for the lawful purposes in which they gathered or further were processed. In this regard, after the conclusion of the contract of the enterprise providing housing-and-communal services, are obliged to return to the consumer copies of documents or to destroy them.

The stated position concerning legal grounds of collecting and storage of copies of documents of consumers by the housing-and-communal enterprises is supported by the National commission for state regulation in the sphere of power and communal services (National Commission). In particular, National Commission confirmed by the letter explanation of August 5, 2015 No. 7990/15/61-15 that the failure to submit by applicants copies of documents or failure to provide permission for producing  such copies can't be the basis for refusal in the conclusion of contracts on providing housing-and-communal services or services in power supply.