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Recent data breaches have highlighted concerns about just how secure our personal information is in the hands of companies. But there鈥檚 one sector where a large-scale cybersecurity breach would be devastating 鈥 real estate.

A data breach in the rental sector is a growing concern for renters, who regularly hand over large amounts of personal information when applying for rental housing. Transparency over how this information is used, shared and secured is often unclear.

Dr Chris Martin,聽Senior Research Fellow from the聽, says the ability of real estate agents and landlords to collect vast amounts of sensitive information is a significant concern. The tenancy law expert says now is the time for governments to regulate data collection in the rental sector.

鈥淭hey鈥檙e collecting a lot more personal information, with arguably not a whole lot of purpose behind it,鈥 Dr Martin says. 鈥淚t鈥檚 a big risk if all of that information falls into the wrong hands.鈥

Multiple identification documents, bank statements, utility bills, employment details and rental history are standard asks 鈥 more than enough to falsify an identity. But social media accounts, pet profiles and self-funded background checks are also becoming more common.

鈥淭he sorts of questions being asked in tenancy applications are getting more intense,鈥 Dr Martin says. 鈥淎pplicants might not want to hand over that level of information because of privacy concerns, but they鈥檙e in a position where they have little choice.鈥

Read more:聽

Limitations of existing tenancy and privacy laws

Dr Martin says the issue stems from a lack of regulation over the amount and type of information property managers can ask from tenants.

Tenancy laws in most states and territories place few restrictions on what agents can collect. Only recent amendments to the Victorian Residential Tenancies Act restrict landlords and agents from asking tenants about聽听辞谤听聽under discrimination law.

鈥淚t鈥檚 not just a matter of protecting tenants鈥 data from hackers. It鈥檚 an issue for housing access,鈥 Dr Martin says. 鈥淨uestions about source of income, social security recipient status and whether you鈥檝e applied for social housing can be used to deny you a tenancy, and it鈥檚 not unlawful and not regulated in any jurisdiction.鈥

Individual landlords and some smaller agents aren鈥檛 covered by the聽. Those who are covered can collect information that is 鈥渞easonably necessary鈥 for their functions or activities, which Dr Martin says leaves a lot of room for interpretation.

鈥淚f it鈥檚 argued their function is to assess the best candidate for tenancy, then there could be quite a broad scope to argue they can legally collect substantial personal information to do that.鈥

鈥淭he fact it always happens that way 鈥 that it鈥檚 landlords and agents extracting more and more from tenants 鈥 shows how asymmetric the relationship is and why we need stronger residential tenancy laws.鈥

Regulating the tenancy application process

The Real Estate Institute has signalled concern about the amount of data being collected and聽. But Dr Martin says fear of reputational damage alone is not enough to ensure privacy concerns are addressed.

鈥淲e should be doing more in our residential tenancy legislation to regulate the tenancy application process and the information collected by agents, landlords and third-party intermediaries,鈥 Dr Martin says.

One solution would be to review the tenancy application process and develop a standard application with prescribed questions.

鈥淲e could have a standard form for tenancy application that asks a reasonable number of relevant questions, and not the unreasonable, intrusive and risky questions landlords and agents may be asking now,鈥 Dr Martins says.

Read more:聽

Dr Martin says there鈥檚 a strong case for some modest regulation of landlords too, through registration and licensing requirements. The proposal would see landlords complete basic training to understand their responsibilities and obligations to tenants.

鈥淲e have registries in other parts of our rental housing system, like the boarding house and residential parks sectors, so it鈥檚 not without precedent,鈥 Dr Martin says. 鈥淥ther countries also have registration requirements for landlords, like some parts of the UK, which have some requirements around the education of landlords.

鈥淚t would give necessary information for policymakers about who is entering the sector and give tenants some reassurance there鈥檚 some visibility of their landlord鈥檚 history and conduct 鈥 good and bad.鈥

Dr Martin says that such reforms would help reduce the power imbalance between landlords and tenants.

鈥淚n tight markets, as we鈥檙e seeing in Australia now, landlords and agents feel they can ask for more and more,鈥 Dr Martin says.

鈥淭he fact it always happens that way 鈥 that it鈥檚 landlords and agents extracting more and more from tenants 鈥 shows how asymmetric the relationship is and why we need stronger residential tenancy laws.鈥