Real Estate Agents & Privacy

Privacy Awareness Week (3-9 May 2009) – The Office of the Privacy Commissioner will be releasing a set of ‘Frequently Asked Questions’ (FAQ’s) by consumers relating to real estate agents, property managers and landlords.

The aim of the FAQ’s is to provide a reference for individuals regarding the handling of personal information by agents. The matters covered will be available at www.privacyawarenessweek.org and will cover the type of information which may be collected from individuals, how the information may be disclosed, how individuals can access their information and what residential tenancy database collections do and what privacy obligations they have.

The information is useful for real estate industry practitioners in regards to open homes and prospect lists:

Open Homes – attendance lists should feature the name and address of the person, and their contact details, but with a clearly stated notice from the agent that the information on interested parties at this open home, may be contacted as a follow up to this event and/or approached about similar real estate opportunities in the next six months, that the person can have their name removed from such records by contacting the agent at anytime and that irrespective of this, the personal information will unless agreed in writing, be destroyed after a period of six months.

Prospect Lists – agents should ensure they have confirmation in writing that any person on their list of real estate prospects is aware that they can have their name withdrawn at anytime, and that unless they have previously agreed, that their personal information will be destroyed after a period of six months.

Agents are not permitted to contact people who have expressed an interest in property beyond the six month period (unless otherwise agreed). e.g. a consultant who might be tempted to call names that appear on a previous employee’s prospect list who has left the company.

Source: Real Estate Institute of Australia