Source: Office of the Privacy Commissioner
The hunt to land a flat over summer shouldn’t come at the expense of people’s privacy rights, warns Privacy Commissioner Michael Webster.
“There’s often a lot of pressure on people, especially students, to find a flat quickly, which risks privacy shortcuts being taken and that can put both tenants and landlords at risk.
Tenants should be aware they have privacy rights when applying for a flat and that landlords have obligations under the Privacy Act, Mr Webster says.
“Tenants are often desperate to find a flat, so they might disclose a whole lot of personal information that isn’t legally required. Essentially, they’re giving others power over their own details and that isn’t a great strategy.”
The desire to get a tenant quickly could also lead some landlords to take privacy shortcuts, which puts people at risk.
“The majority of landlords care about their tenants’ privacy, but there can be a lot of factors to weigh up when considering applications and it can be tempting to over collect personal information and to get details that aren’t legally allowed. It can also mean they can end up with a large amount of information with no way to manage or store it safely.
“Landlords need to know what information they can legally collect, and when. They also need to make sure personal information collected during the rental application process is kept secure and is not disclosed without authorisation.”
“Personal information has value and is protected under the Privacy Act at all stages of the rental process. It’s important shortcuts aren’t taken to fill a flat and that only the necessary personal information is supplied and only when its needed.”
Personal characteristics, including relationship status, age, gender identity and employment status are protected under the Human Rights Act. Things like spending habits, experience of family violence, employment history and social media URLS are protected under other Acts.
To help educate landlords and tenants OPC had updated its guidance for the rental sector to help make sure that privacy is respected throughout the application process.
Information for both landlords and tenants is available at privacy.org.nz.
