In our increasingly interconnected and technological world it is likely that you have seen news of several data and information breaches. Even if you are extremely careful in when and where you provide personal information there are other ways your information can be mishandled. For example, where you or someone you know may be completing a tenancy application. With this in mind,  NSW Fair Trading has  put together a  guidance  which deals with what information is required to be provided by tenants when making a tenancy application  and the best practice for how personal information should be dealt with by agents and landlords. Here we explain   what the  guidance issued by the NSW Fair Trading means for tenants, landlords and agents

What is ‘Personal Information’?

The general law relating to the collection and distribution of personal information is covered by the Privacy Act 1988 (NSW) and the Australian Privacy Principles that are listed in it. Essentially, personal information includes:

  • Names;
  • Addresses;
  • Contact numbers;
  • Bank details and credit applications;
  • Workplace history; and
  • Formal documentation such as government issued cards and identifiers.

What kind of information can be collected and used when applying?

Anyone who has applied for a tenancy agreement would be  aware that different information is collected at specific times in the process. In ensuring what kind of information should be provided and when, Fair Trading highlights that these can be broken up into four steps that you should be aware of for your protection.

  • First, when advertising a property for rent, it is important to collect current contact details for scheduling appointments.
  • Second, when a prospective tenants lodges an application with the agency, information related to their formal identification, their prospects of paying rent of time and whether the tenant is likely to look after the property should be gathered.
  • Third, an agent or landlord may gather further information when assessing the application using social media and tenancy databases.
  • Last, when the tenancy agreement has been entered into its important to note that agents and landlords should destroy personal information that is no longer necessary or if it relates to an unsuccessful application.

What duties and obligations exist for agents?

Agents have a legal obligation to act honestly, professionally, and fairly during this process through exercising skill, care, and diligence. Although these terms may appear broad, their function ensures that tribunals and enforcement agencies can oversee the reasonableness of actions and verify whether agents have gathered information accurately and securely. Further, personal information must not be used or disclosed for any other purpose other than what a client or customer has authorised its collection for – this includes marketing material.

What Can You Do and Why Should You Do It?

Whether you are a tenant, agent, or landlord it is vital that you exercise proper care when giving out, or handling, personal information. Landlords and agents must ensure that they are aware of the laws which apply to the collection, storage, management and disposal of personal information and adhere to these  If you are a tenant, or prospective tenant, you are entitled to access the information collected, to ask why it is necessary for the agency to have it, and to have it destroyed if you wish.

It is expected that NSW Fair Trading will develop enforceable guidelines in the coming year. In the meantime, if you or anyone you know requires  further clarification on how these principles apply currently, reach out to our dedicated property team and specialists at WMD Law on 9525 8688 or email wmd@wmdlaw.com.au.