{"id":1446,"date":"2019-10-30T23:52:21","date_gmt":"2019-10-30T13:52:21","guid":{"rendered":"https:\/\/theonsitemanager.com.au\/news\/?p=1446"},"modified":"2019-10-31T06:45:44","modified_gmt":"2019-10-30T20:45:44","slug":"tenant-privacy-on-regulator-radar","status":"publish","type":"post","link":"https:\/\/theonsitemanager.com.au\/news\/tenant-privacy-on-regulator-radar\/","title":{"rendered":"Tenant Privacy On Regulator Radar"},"content":{"rendered":"\n<p>Never before has technology taken such an invasive knife to our privacy. It\u2019s a well known fact that our smart phones and appliances track our every move, search, and even our conversations and share this information with \u201cprivate\u201d corporations like Google, Amazon, Facebook and Apple. The ATO will now demand granular data on all trading information and use advanced data-matching to identify anomalies and trigger audits. Banks and financiers these days pick through bank statements with a fine-tooth comb and if they feel an applicant takes too many overseas holidays, or spends too much on cosmetic surgery, may decline to offer them finance. We have seen, first-hand, how dangerous data matching can be in real estate, where unit numbers are scraped off our listings, matched to government title documents that are sold to private entities by the Office of Natural Resources, and then harvested into call-sheets and sold to competitor agents seeking to raid a manager\u2019s complex and acquire his letting pool (read more about it here:  <a href=\"https:\/\/theonsitemanager.com.au\/news\/advertising-unit-numbers-exposes-your-mr-to-unnecessary-risks\/\">https:\/\/theonsitemanager.com.au\/news\/advertising-unit-numbers-exposes-your-mr-to-unnecessary-risks\/<\/a>  )<\/p>\n\n\n\n<p>Consumer\nprivacy rates a very low concern after profit for these conglomerates who take\nan approach of \u201cYou agreed to our terms-of-use, you can deal with it\u201d. At the\nsame time, regulators and government bodies are scrambling to \u201cprotect\u201d\nconsumer privacy, but it seems always the case regulations do more harm than\ngood. Rather than stemming the flow of private data, regulations seem to achieve\nlittle more than create inconvenience for users &#8211; we all see the idiotic: \u2018This\nwebsite uses cookies, do you accept?\u2019 messages that we\u2019re now bombarded with on\nmost websites. You can thank the self-licking ice creams of The EU and The General\nData Protection Regulation for this shining example of incompetence, which of\ncourse does absolutely nothing to actually secure consumer privacy (and they\nwonder why BREXIT is a thing). <\/p>\n\n\n\n<p>Increased\ngovernment regulation into consumer privacy may not be doing anything to\nprotect us from the prying eyes of corporate America, but it is certainly\nillustrating the impact technology is having on privacy. One thing that is\ncertain: sooner or later (and it would appear to be sooner) it\u2019s going to have\na profound impact on rental applications in Australia and the amount of data we\u2019re\nallowed to collect and store in their processing. New Zealand\u2019s Office of the\nPrivacy Commissioner (OPC) has forged ahead in this field and gives us a rather\nbleak insight into what may lie ahead for Australian property managers.<\/p>\n\n\n\n<p>The Privacy\nAct guidelines in NZ set out specifically what a property manager can, and\ncannot ask someone in processing a tenancy application. ( read it here: <a href=\"https:\/\/www.privacy.org.nz\/assets\/Uploads\/2019-08-07-Privacy-Act-guidance-for-landlords-and-tenants-A649457.pdf\">https:\/\/www.privacy.org.nz\/assets\/Uploads\/2019-08-07-Privacy-Act-guidance-for-landlords-and-tenants-A649457.pdf<\/a>\n). Information you would be\nprohibited from gaining about a tenant in NZ includes:<\/p>\n\n\n\n<ul><li>Citizenship status,<\/li><li>Illness (both physical and mental),<\/li><li>Opinions or Religion<\/li><li>Marital Status<\/li><li>Gender<\/li><li>Past Rent (I know right?!)<\/li><li>Expenses<\/li><li>Proof of insurance<\/li><li>Employment History<\/li><li>Consent to collect information from\nother sources (yes, seriously).<\/li><\/ul>\n\n\n\n<p>Further to\nthis, a landlord or manager can\u2019t even check criminal background, credit\/blacklist\nreport, vehicle information and date of birth (!) until AFTER the tenant has\nbeen selected as the preferred candidate. Of course these regulations are unworkable\nand would result in significant problems if implemented in Australia but that\nis the direction regulators and taking us. <\/p>\n\n\n\n<p>Rising house prices have of\ncourse meant more tenants and more lifetime tenants as generations of residents\nare being locked out of the housing market. The push to reform the tenancy system\nto support these long-term tenants is becoming apparent in the way legislators\napproach regulation. In\nAustralia we\u2019ve already seen recent dramatic shifts in regulation, lurching\nprotections away from landlords skewing them toward the interests of the tenant.\nWith tenants making up a larger voting block than landlords, it\u2019s easy to see\nwhy this is so appealing for governments across the country. <\/p>\n\n\n\n<p>In The\nPeople\u2019s Republic of Victoria in 2017 the Andrews government introduced a raft\nof new legislation which included banning landlords from accepting offers\nhigher than advertised rent, and forbidding landlords from issuing a notice to vacate\nat the conclusion of a lease. Non-payment of rent is no longer acceptable\ngrounds to terminate a lease agreement without six weeks of warnings (yes\u2026\nseriously!). Victorian tenants are legally allowed to keep any pets they wish\nin their property including in apartments (see our article here: <a href=\"https:\/\/theonsitemanager.com.au\/news\/new-laws-tenants-pets\/\">https:\/\/theonsitemanager.com.au\/news\/new-laws-tenants-pets\/<\/a>\n)<\/p>\n\n\n\n<p>Likewise in Queensland, QCAT has overturned body corporate\nrestrictions on pets in buildings (see here: <a href=\"https:\/\/theonsitemanager.com.au\/news\/the-golden-rules-of-by-law-enforcement\/\">https:\/\/theonsitemanager.com.au\/news\/the-golden-rules-of-by-law-enforcement\/<\/a>\n)&nbsp; and the government has greatly scaled-back\nthe notice requirements for tenants ending a tenancy down to just 2 weeks while\nincreasing the notice to leave requirements for landlords out to two months\n(without grounds)! <\/p>\n\n\n\n<p>In Australia, the Office Of the Australian Information\nCommissioner (OAIC) is now taking a very close look at tenancy applications and\nthe information allowed to be collected, particularly in light of the NZ guidelines.\nWhile they haven\u2019t set anything into stone at this point, they are speaking to\nindustry bodies such as the REIQ and application processers such as 1Form and\nadvising them that the amount of tenant data being collected and stored about prospective\ntenants, currently, is unacceptable and needs to be scaled back substantially.\n1Form have already began developing their system to support increased data\nprivacy, with a view to step up 2-Factor authentication and siloed staff logins\nwithin single agencies. The number of datapoints to be collected is also to be\nreduced.<\/p>\n\n\n\n<p>The trajectory of legislation and regulations, across-the-board,\nappears to be shifting the balance of power significantly toward the tenant\nwith little regard for the interests of the owner. The next few years will\nlikely see considerable changes as regulators scramble to further secure the\nrights, and privacy of tenants. It is the hope of most of us working in property\nmanagement, that this isn\u2019t done at the expense of a usable tenancy framework.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Never before has technology taken such an invasive knife to our privacy. It\u2019s a well known fact that our smart phones and appliances track our every move, search, and even our conversations and share this information with \u201cprivate\u201d corporations like Google, Amazon, Facebook and Apple. The ATO will now demand granular data on all trading information and use advanced data-matching to identify anomalies and trigger audits. Banks and financiers these days pick through bank statements with a fine-tooth comb and if they feel an applicant takes too many overseas holidays, or spends too much on cosmetic surgery, may decline to offer them finance. We have<a class=\"more-link\" href=\"https:\/\/theonsitemanager.com.au\/news\/tenant-privacy-on-regulator-radar\/\">Read More &rarr;<\/a><\/p>\n","protected":false},"author":1094,"featured_media":807,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_mbp_gutenberg_autopost":false},"categories":[6],"tags":[],"_links":{"self":[{"href":"https:\/\/theonsitemanager.com.au\/news\/wp-json\/wp\/v2\/posts\/1446"}],"collection":[{"href":"https:\/\/theonsitemanager.com.au\/news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/theonsitemanager.com.au\/news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/theonsitemanager.com.au\/news\/wp-json\/wp\/v2\/users\/1094"}],"replies":[{"embeddable":true,"href":"https:\/\/theonsitemanager.com.au\/news\/wp-json\/wp\/v2\/comments?post=1446"}],"version-history":[{"count":2,"href":"https:\/\/theonsitemanager.com.au\/news\/wp-json\/wp\/v2\/posts\/1446\/revisions"}],"predecessor-version":[{"id":1448,"href":"https:\/\/theonsitemanager.com.au\/news\/wp-json\/wp\/v2\/posts\/1446\/revisions\/1448"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/theonsitemanager.com.au\/news\/wp-json\/wp\/v2\/media\/807"}],"wp:attachment":[{"href":"https:\/\/theonsitemanager.com.au\/news\/wp-json\/wp\/v2\/media?parent=1446"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/theonsitemanager.com.au\/news\/wp-json\/wp\/v2\/categories?post=1446"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/theonsitemanager.com.au\/news\/wp-json\/wp\/v2\/tags?post=1446"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}