A determination by Australia’s Privacy Commissioner has found the 2Apply rental technology platform, operated by InspectRealEstate, collected excessive personal information and did so by unfair means.
The findings follow a year-long investigation by the Office of the Australian Information Commissioner (OAIC). The determination requires InspectRealEstate to cease collecting certain categories of information from prospective renters, including gender, student status, citizenship status and visa expiry, and details of previous living history.
In the determination, Privacy Commissioner Carly Kind pointed to what she described as a significant power imbalance in the rental property market, which she said is exacerbated by the rental crisis and rising costs of living.
‘Renters often lack real choice when making rental applications. Either they hand over personal and private information, including ID documents and payslips, or risk housing precarity or even loss,’ Kind said.
‘This not only places them at risk that their applications will not be considered fairly and equitably, but that their personal information may be compromised in a data breach or cyber attack.’
The OAIC said the determination found InspectRealEstate contravened Australian Privacy Principle (APP) 3.2 by collecting personal information that was not reasonably necessary for its functions or activities. It also found the platform collected personal information by unfair means in contravention of APP 3.5, in circumstances where individuals had limited choice and there was a significant power imbalance between renters and real estate agents, property managers and landlords.
The OAIC said the decision considered the design and structure of the 2Apply form and applied the concept of online choice architecture, focusing on how the presentation of choices can influence decision-making. The determination observed the form deployed ‘confirmshaming’, biased framing and bundled consent, which it said unfairly pressured individuals into making choices misaligned with their preferences.
While the determination applies to InspectRealEstate, the Commissioner said other RentTech providers should adjust their practices to align with the findings. The OAIC said the decision has also been provided to real estate peak bodies to assist real estate agents, property managers and landlords in considering implications for their own information collection practices.
