Privacy Act: Who can a real estate agent disclose my personal information to?

Discussion in 'Property Management' started by Chilliblue, 18th Jul, 2015.

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  1. Chilliblue

    Chilliblue Well-Known Member

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    From the Federal website

    A real estate agent that is covered by the Privacy Act can disclose your personal information without your consent for the main reason they collected it (the primary purpose).

    For example, they may collect your information so they can assess your application for a tenancy.In this case, they may disclose the fact that you have applied to rent the property to a residential tenancy database operator, the landlord, your most recent previous agent (if they are giving you a reference) and any other referee you have nominated.
     
    Chilliblue, 18th Jul, 2015
    #1
    SeafordSunshine likes this.
  2. SeafordSunshine

    SeafordSunshine Well-Known Member

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    Excellent research, Chilliblue!
    I do like this, ( and I found the like button too! )
    Could you let us know what number the Act is ?
    cheers
     
    SeafordSunshine, 18th Jul, 2015
    #2
  3. Chilliblue

    Chilliblue Well-Known Member

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    Just google Privacy Act 1988

    It is Act 119 of 1988
     
    Chilliblue, 18th Jul, 2015
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  4. Pistonbroke

    Pistonbroke Well-Known Member

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    Read the agency's privacy statement. They could disclose your details to anyone that they do business eg RP Data, realestate.com, cloud software providers, anyone who accesses their data.
     
    Pistonbroke, 20th Jul, 2015
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  5. SeafordSunshine

    SeafordSunshine Well-Known Member

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    Check on the Application for tenancy document, could have a little box that you ticked
     
    SeafordSunshine, 20th Jul, 2015
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  6. Stimpy

    Stimpy Member

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    also

    http://www.legislation.nsw.gov.au/maintop/view/inforce/act+133+1998+cd+0+N

    I think the reason as to why agents use the line of the privacy so not to divulge info is erring on the side of caution, in particular the bit below in bold....

    Would a tenant potentially object to an agent handing out their information, even retrospectively at a later date? ie "I didnt give you permission to do that... why did you give my bank statement to an owner?... etc etc"
    Whilst its safe to assume that signing a privacy bit on an application would be sufficient... I'm sure someone somewhere has tried it on and its now easier just to say no...

    18 Limits on disclosure of personal information
    (1) A public sector agency that holds personal information must not disclose the information to a person (other than the individual to whom the information relates) or other body, whether or not such other person or body is a public sector agency, unless:
    (a) the disclosure is directly related to the purpose for which the information was collected, and the agency disclosing the information has no reason to believe that the individual concerned would object to the disclosure, or
    (b) the individual concerned is reasonably likely to have been aware, or has been made aware in accordance with section 10, that information of that kind is usually disclosed to that other person or body, or
    (c) the agency believes on reasonable grounds that the disclosure is necessary to prevent or lessen a serious and imminent threat to the life or health of the individual concerned or another person.
    (2) If personal information is disclosed in accordance with subsection (1) to a person or body that is a public sector agency, that agency must not use or disclose the information for a purpose other than the purpose for which the information was given to it.
     
    Stimpy, 21st Jul, 2015
    #6