NSW Privacy Issues

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Kathy_024

Member
16 November 2021
2
0
1
Hi, I'm new to the forum. I wanted to know if I can get into legal trouble if I send an ex tenant's outgoing report to their agent. The matter is complex. They caused damage, we ended up sacking the agent, and NCAT is a waste of time. This is only to give the new agent a "heads up" of what could potentially occur, when they vacate.
So can anyone advise me, if I send the outgoing report, there is nothing other than pictures of damage and dirt in the photos to their new agent, I could legally get into trouble? (Not interested if the ex tenant threatens to sue and rant off).

Next question, a company we did business with, handed over invoices of ours not relating to the property without our permission. ( the ex tenant contacted them to confirm a purchase after we had mentioned the company's name to the agent. ) The company is a large company with greater than 3 million turn over. If feel that this company has certainly breached the Privacy Act.

Thanks
 

Nighthelyn

Well-Known Member
24 September 2014
50
5
224
Sydney
Hi Kathy_024,

1. I wouldn’t recommend it, but if you really want to pass such information, then at least minimise risk by:
A. Ensure your records are not defamatory or inaccurate - generally if you can prove that your statements are true, that’s not slanderous;
B. Remove information that is considered by privacy law to be “sensitive information” including racial, political views, religious or philosophical beliefs, any form of trade or other union memberships, sexual orientation or practice, criminal records, health, biometric or genetic information; and
C. Check that your lease does not contain a confidentiality clause that deny you having such a right.

2. Privacy Act can apply to a company of enough turnover like in your case, but does such invoices identify you personally (I assume if you used a property agent the invoice doesn’t have your personal information, just agent’s). Just the owner’s name isn’t enough because ownership is generally public. You can still complain to NSW fair trading or Office of the Australian Information Commissioner but without more the “breach” may not satisfy that it is “personal information” and thereby it would be unlikely to go further.

Good luck!
-Nighthelyn