Legislative Council: Wednesday, November 30, 2022


Data Protection

In reply to the Hon. R.A. SIMMS ().19 October 2022).

The Hon. K.J. MAHER (Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector): The Minister for Consumer and Business Affairs has advised:

Consumer and Business Services (CBS) is responsible for the administration of the Residential Tenancies Act 1995 (RTA).

The RTA regulates residential tenancy databases, often referred to as tenant blacklists. Sections 99J and 99K of the RTA limit how database operators can store and distribute the personal information of renters.

The national privacy principles, as stated in schedule 3 of the Privacy Act 1988 of the commonwealth, also limit how organisations store, use, and disclose personal data. These principles can apply to how database operators and other organisations treat the personal data of renters.

The Malinauskas government has committed to a review of the RTA. The review will consider restricting the amount of personal information that can be requested from prospective tenants applying for a rental property and will consider regulating the circumstances in which this data can be retained.