What Information to Collect

Landlords can collect, use or disclose personal information about  a tenant if they give the tenant a reasonably clear form which states that personal information is being collected, used or disclosed for particular purposes. The tenant must be given an opportunity to decide not to give the information for those given purposes, however if the tenant does not object in a reasonable time, he or she can be presumed to have agreed.

Overriding all these requirements is the stipulation that it must be reasonable for a landlord to collect, use or disclose the information for the given purposes. 

PIPA does not permit excessive personal information to be collected in return for supplying a product or a service. Landlords should not therefore make the approval of a tenancy application conditional on the provision of personal information which goes beyond what is required for making a decision about the application.    

PIPA requires that the collection, use or disclosure of personal information is reasonable with respect to the purpose for the information. The landlord and tenant can agree on what is ‘reasonable’.

A tenant can give consent for those purposes but may require further consent for specific purposes. For example, the tenant might agree to the information being used for purposes of applying for and approving the tenancy, but require notice before the landlord completes a credit check. This may be a reasonable request by the tenant, depending upon the circumstances.

A tenant can also withdraw or vary their consent previously given to the collection, use and disclosure of personal information. If a landlord receives notice of withdrawal of consent from a tenant, the landlord must then notify a tenant about any consequences that might then arise from changing the personal information. A landlord should then honour the instructions given by the tenant.   

October 2006