4 Feb 2021, 09:00

Privacy Commissioner John Edwards today announced his intention to focus on the collection, retention, and disclosure of personal information in the rental accommodation sector.

Mr Edwards said his office had been made aware that some property management agencies and landlords are asking for very detailed information from prospective tenants as part of their selection process, while others are using the public forums to compile lists of so-called ‘bad tenants.’

“I am concerned about some of the practices we are seeing, particularly during a time when pressure on tenants is high,” Mr Edwards said.

Demand for rental accommodation across New Zealand has led to prospective tenants competing for fewer properties, making them vulnerable to requests for personal information that go beyond what is necessary for assessing their suitability as a tenant.

While there are some types of information a landlord can always legitimately seek from prospective tenants, such as proof of identity or whether they have any pets, other information regarding a tenant’s nationality, marital status, gender or detailed banking history are almost never justified.

Mr Edwards said landlords are entitled to collect personal information where that is necessary for their lawful purpose of selecting a tenant and may only disclose that information in a way that is consistent with that purpose.

Landlords and property managers also need to be open about why they are collecting information and how it will be used and need to ensure that any personal information they do hold is stored and handled securely.

So-called “blacklists” lack transparency and can unfairly keep some tenants out of the market because of inaccuracies.

“Landlords are able to collect information to assess whether a tenant can pay rent, however, collecting their bank statements to gauge how they spend their money is unfair and unreasonably intrusive. Landlords should only collect the minimum amount of personal information necessary to make that decision.

“I will be engaging with the sector in coming weeks to ensure that landlords and property managers understand their Privacy Act obligations and are acting in accordance with them. I would also like to hear from tenants who have concerns around the use of their personal information.” 

For further information:

- Alix Chapman: alix.chapman@privacy.org.nz; 021 509 389

- Charles Mabbett: charles.mabbett@privacy.org.nz;  021 509 735.