Site Changes

On 1 November 2010 the Office of the Privacy Commissioner was integrated into the Office of the Australian Information Commissioner and a new website established at www.oaic.gov.au.

Note 1: Major changes to the Privacy Act 1988 will come into effect in March 2014. Agencies, businesses and not for profits need to start preparing for these changes. For more information go to our privacy law reform page at www.oaic.gov.au
Note 2: From 12 March 2013 content is no longer being added to, or amended, on this site, consequently some information may be out of date. For new privacy content visit the www.oaic.gov.au website.

What does the real estate agent* have to do if they want to collect my information at a property that is open for inspection?

Personal information is information that identifies you.

If the real estate agent is covered by the Privacy Act, they must not collect:

more personal information than they need for the purpose they tell you about
any personal information just because they may be able to use it in the future.

If the agent collects your personal information they must tell you:

why they want to collect that information
who they would usually give it to
that you can access that information
any consequences if you do not give them the information.

The agent can tell you this information or give you a written notice.

You could also ask the agent how your information will be kept secure and whether it will be destroyed once the property has been sold or leased.

The Privacy Act does not apply to information that agents just look at, but it will cover any personal information that they write down.

If an agent wants you to prove your identity (such as with a driver's licence) or give other personal details as a condition of entry to an open inspection, ask them if they can just look at the information rather than copying it.

If they need to keep a record, the agent could write down the minimum necessary details on their file and record the type of document they have sighted.

Even if the agent is not covered by the Privacy Act you can still ask them these questions.

* Including property managers