Who can help me if I am not happy about the way my real estate agent* or landlord is handling my personal information?
Some real estate agents and landlords are covered by the Privacy Act and some are not. We can investigate a complaint against an agent or landlord if:
- they are covered by the Privacy Act
- your complaint is about the way they handle your personal information.
Who is covered by the Privacy Act
An agent with an annual turnover of more than $3 million is covered by the Privacy Act. Generally, the Act will not apply to agents that have an annual turnover of less than $3 million. There are some exceptions to this general rule.
Example 1: an agent that trades in personal information (receives money or some kind of benefit from collecting or giving out personal information) may be covered by the Privacy Act, even if it has an annual turnover of less than $3 million.
Example 2: a landlord will usually not be covered by the Privacy Act. However, if they are conducting real estate activities as a business which has a turnover of more than $3 million, they will be covered.
Always ask questions
Your state or territory Fair Trading / Consumer Affairs office, tenants' organisation or Real Estate Institute may also be able to help you.
Fair Trading / Consumer Affairs:
Real Estate Institute of Australia:
* Including property managers