The Office of the Privacy Commissioner (OPC) has released updated guidance for landlords and property managers, reinforcing the importance of protecting tenants’ personal information throughout the rental process. With the summer rental rush in full swing, understanding privacy obligations has never been more crucial.
Privacy Protection At A Glance
The 2025 guidance document provides comprehensive direction on handling tenant information, from initial property viewings through to post-tenancy record keeping. APIA General Manager Sarina Gibbon notes that this update maintains continuity with previous versions while emphasising education and proactive compliance.
“This iteration isn’t a dramatic departure from the 2021 guidance,” says Gibbon. “Rather, it reflects the OPC’s commitment to education, reminding our sector that we’re custodians of significant amounts of personal information that requires careful management.”
Industry Compliance and Emerging Challenges
The rental sector has shown strong compliance overall, with a 2022 Consumer magazine mystery shopper exercise finding 90% of property managers broadly meeting privacy requirements. However, challenges remain, particularly in information storage and disposal.
“While most veteran property managers handle information collection well, we see potential risks in storage and disposal, especially among private landlords managing their own properties,” Gibbon explains. “Terms like encryption, cloud storage, servers, and 2FA aren’t in their everyday lexicon. So while initial information collection might be spot-on, there could be significant risks in how that information is stored and eventually disposed of.”
Understanding Privacy Rights and Obligations
A key aspect of privacy compliance is understanding both rights and responsibilities. “There’s often a disconnect in how people view personal information,” Gibbon observes. “We tend to be hyper-aware of our privacy rights but less conscious of others’. It’s important to understand that the Privacy Act creates different obligations for different parties. Landlords...
