1 00:00:00,080 --> 00:00:03,160 Speaker 1: Privacy Commissioner got some advice for landlords. Concerns have been 2 00:00:03,200 --> 00:00:06,120 Speaker 1: raised around tenants, especially students, being asked for personal information 3 00:00:06,200 --> 00:00:09,280 Speaker 1: that hasn't legally required. The Privacy Commissioner as Michael Webster, 4 00:00:09,320 --> 00:00:13,200 Speaker 1: who's with us, Michael, morning to you, good Michael. We're 5 00:00:13,240 --> 00:00:15,560 Speaker 1: dealing with at the vulnerable end of the market, people 6 00:00:15,640 --> 00:00:17,680 Speaker 1: like students, people in a rush and a hurry, things 7 00:00:17,720 --> 00:00:19,640 Speaker 1: like that. 8 00:00:19,640 --> 00:00:23,000 Speaker 2: That's right, that's right. And we know that most landlords 9 00:00:23,280 --> 00:00:25,720 Speaker 2: and most tenants are decent people and just want to 10 00:00:25,760 --> 00:00:29,360 Speaker 2: do the right thing to develop a good relationship. They 11 00:00:29,400 --> 00:00:32,800 Speaker 2: both want something from the other. But we do know 12 00:00:32,840 --> 00:00:35,720 Speaker 2: that while the majority of landlords care about tenants privacy, 13 00:00:36,720 --> 00:00:38,480 Speaker 2: there can be a lot of factors to weigh up 14 00:00:38,520 --> 00:00:41,800 Speaker 2: when you're considering what can be an avalanche of applications 15 00:00:41,840 --> 00:00:46,040 Speaker 2: coming in, and it can be tempting for landlords to 16 00:00:46,120 --> 00:00:51,159 Speaker 2: over collect personal information, to ask too much from application 17 00:00:51,720 --> 00:00:53,640 Speaker 2: from tenants potential tenants. 18 00:00:53,680 --> 00:00:56,400 Speaker 1: So what are the practical outworkings? Though, if you're full 19 00:00:56,400 --> 00:00:58,280 Speaker 1: of you you know, and go I know my rights 20 00:00:58,280 --> 00:01:00,120 Speaker 1: and I you can't ask me that, then guess that's 21 00:01:00,120 --> 00:01:01,400 Speaker 1: what you're not going to get the flat? Are you 22 00:01:02,400 --> 00:01:04,840 Speaker 1: rightly your role there, that's your artworking. 23 00:01:06,880 --> 00:01:08,480 Speaker 2: So I guess there's a couple of things there. First 24 00:01:08,560 --> 00:01:13,960 Speaker 2: is that there are particular sets of information that landlords 25 00:01:13,959 --> 00:01:16,959 Speaker 2: can ask for, and tends need to understand that as well. 26 00:01:17,000 --> 00:01:19,560 Speaker 2: At each stage of the tendency. If you're looking at 27 00:01:19,560 --> 00:01:22,920 Speaker 2: a property, landlords often collect name and contact details. If 28 00:01:22,920 --> 00:01:26,000 Speaker 2: you're applying for the property, landlords might ask for things 29 00:01:26,040 --> 00:01:30,319 Speaker 2: like proof of identity, questions about pet ownership, smoking, that 30 00:01:30,360 --> 00:01:33,360 Speaker 2: sort of thing. If you're shortlisted or offered the tendency, 31 00:01:33,959 --> 00:01:36,640 Speaker 2: the landlord can then ask for information to carry out 32 00:01:36,680 --> 00:01:39,240 Speaker 2: credit or criminal record checks and the evidence of ability 33 00:01:39,319 --> 00:01:41,640 Speaker 2: to pay the rent. It's just asking for the right 34 00:01:41,720 --> 00:01:43,080 Speaker 2: information at the right stage. 35 00:01:43,319 --> 00:01:46,119 Speaker 1: Is it better, generally in your experience, that a rental 36 00:01:46,160 --> 00:01:48,880 Speaker 1: agent they behave themselves because they're part of an industry, 37 00:01:48,880 --> 00:01:51,040 Speaker 1: as opposed to just an individual landlord who may or 38 00:01:51,080 --> 00:01:52,080 Speaker 1: may not know what they're doing. 39 00:01:53,720 --> 00:01:55,800 Speaker 2: Yeah. I mean, at the end of the day, what 40 00:01:55,840 --> 00:02:01,520 Speaker 2: we're wanting here is good privacy, calling good business. Get 41 00:02:01,560 --> 00:02:04,520 Speaker 2: the relationships right with the possible tenants from the very beginning, 42 00:02:04,880 --> 00:02:07,440 Speaker 2: and hopefully you'll have a long term relationship where your 43 00:02:07,440 --> 00:02:09,839 Speaker 2: property is keyed for and you get the income coming 44 00:02:09,880 --> 00:02:10,480 Speaker 2: in that you want. 45 00:02:10,800 --> 00:02:13,040 Speaker 1: Having said that, is this actually a problem? Because I 46 00:02:13,080 --> 00:02:15,160 Speaker 1: read your press release in the early hours of this morning, 47 00:02:15,160 --> 00:02:18,160 Speaker 1: there's not a single example given. It's just to generalize. 48 00:02:18,200 --> 00:02:20,280 Speaker 1: I woke up and here's a problem we might or 49 00:02:20,320 --> 00:02:22,280 Speaker 1: might not have. Is it an issue? 50 00:02:23,160 --> 00:02:25,160 Speaker 2: We have had some problems in the past, So what 51 00:02:25,160 --> 00:02:28,160 Speaker 2: we've done here is simply update our guidance because we 52 00:02:28,200 --> 00:02:31,160 Speaker 2: are heading into a time of peak rental season activity. 53 00:02:31,720 --> 00:02:36,160 Speaker 2: We've had problems in the past with landlords setting up, say, 54 00:02:36,280 --> 00:02:40,600 Speaker 2: blacklists of tenants, and including information on those blacklists that 55 00:02:41,600 --> 00:02:44,919 Speaker 2: they shouldn't include. That might be inaccurate, it might be wrong, 56 00:02:45,280 --> 00:02:47,920 Speaker 2: that might be in breach of other pieces of legislation, 57 00:02:48,040 --> 00:02:49,239 Speaker 2: even suppression orders. 58 00:02:49,960 --> 00:02:54,000 Speaker 1: What happens when tenants leave your property and the garage 59 00:02:54,000 --> 00:02:58,560 Speaker 1: remotes missing. Who pays for that? So at the end 60 00:02:58,600 --> 00:02:59,880 Speaker 1: of the day asking. 61 00:02:59,639 --> 00:03:04,520 Speaker 2: Order rental agreements at the end of the day, there 62 00:03:04,560 --> 00:03:08,040 Speaker 2: are the bond arrangements that are looked after in a 63 00:03:08,080 --> 00:03:10,480 Speaker 2: much better way now than they used to be. And 64 00:03:11,040 --> 00:03:14,639 Speaker 2: I think your station reported the other day, Mike, for example, 65 00:03:15,120 --> 00:03:18,320 Speaker 2: some tenants were using a house as a mess lab 66 00:03:18,880 --> 00:03:21,080 Speaker 2: and at the end of the day, the owners of 67 00:03:21,120 --> 00:03:24,560 Speaker 2: that House took those people through the tendency tribunal and 68 00:03:24,600 --> 00:03:28,120 Speaker 2: got substantial damages. So there are processes to protect landlords 69 00:03:28,160 --> 00:03:31,560 Speaker 2: property through that their bond process through the tendency tribunal. 70 00:03:31,560 --> 00:03:34,400 Speaker 1: Good only Michael appreciate it very much. Michael Webster, Privacy Commissioner, 71 00:03:36,680 --> 00:03:39,120 Speaker 1: just from miss and Garagter mights. That's all. May or 72 00:03:39,120 --> 00:03:41,400 Speaker 1: may not have something to do with me. For more 73 00:03:41,480 --> 00:03:44,560 Speaker 1: from the Mic Asking Breakfast, listen live to news talks 74 00:03:44,560 --> 00:03:47,760 Speaker 1: that'd be from six am weekdays, or follow the podcast 75 00:03:47,800 --> 00:03:48,680 Speaker 1: on iHeartRadio