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Privacy for residential tenants

Confirmation that you can not simply distribute the details of your tenant was recieved when it was decided that the Privacy Act does apply in this area.  Landlords and property agents need to make sure that they are not passing details of the tenant to anyone.

Residential tenants and agents alike welcomed the news this week that the Privacy Act will be applied to Residential Tenancy Databases.

Attorney-General Philip Ruddock announced the regulations last week, saying that a Joint Ministerial Report had found there was uncertainty about the application of the Privacy Act to tenancy database operators.

"It will ensure that all tenancy database operators fulfil the requirements of the Privacy Act and that a tenant's personal information is handled fairly and appropriately", Mr Ruddock said.

Residential Tenancy Databases (RTDs) are privately-owned electronic databases that collect information on tenants to assist property managers and landlords assess risk and identify potential problem tenants.

"Further law reforms dealing with tenancy databases are being undertaken by the States and Territories in an effort to achieve uniform legislation," Mr Ruddock said.

The regulations will commence on 1 December to allow small business operators of Residential Tenancy Databases sufficient time to comply with the requirements of the Privacy Act.

The Real Estate Institute of Australia (REIA) welcomed the announcement.

"It is essential that personal information about tenants is handled fairly and appropriately", REIA President Graham Joyce said.

"The extension of Privacy Act regulations to Residential Tenancy Databases will ensure that personal information is protected and not misused."

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