Australian Privacy Commissioner Slams Rental Platform's Excessive Data Collection
In a landmark decision, Australia's privacy commissioner, Carly Kind, has issued a first-of-its-kind determination against rental platform 2Apply, operated by InspectRealEstate, for collecting excessive personal information in an unfair manner. This ruling aims to assist the real estate sector and protect tenants from unnecessary data sharing, particularly amid a severe housing crisis.
Excessive Data Collection Exposed
RentTech platforms, such as 2Apply, are increasingly used by real estate agents across Australia for rental applications, with the Australian Housing and Urban Research Institute identifying 57 different platforms operating nationally. Commissioner Kind found that 2Apply, which had processed over 8.5 million applications as of March 2025, did not need to collect numerous categories of personal data. These included gender information, details on dependents, student status, bankruptcy status, retirement status, previous living history, current property ownership, applications for other properties, bond or rent assistance application status, and citizenship status or visa expiry.
Additionally, Kind determined that 2Apply could collect less information on emergency contacts, vehicle details, certain identification documents, proof of income documents, and employment details. The platform's application system was criticised for employing "confirmshaming," an online tactic that uses guilt to discourage users from opting out of data sharing. Form notes suggested that providing information would "help speed up your application process" and that not doing so might "affect whether you are considered as a suitable tenant for the property."
Power Imbalance and Tenant Vulnerability
Commissioner Kind highlighted the significant power imbalance in the rental market, which favours real estate agents, property managers, and landlords. This imbalance is exacerbated by the rental crisis, characterised by a shortage of properties, sharply rising rents, and intense competition. Kind noted that without a legislated right to housing, tenants are more vulnerable to unfair practices, making them susceptible to over-collection of data.
She emphasised that the over-collection of data not only compromises tenant privacy but also poses security risks. This concern was underscored by Guardian Australia reporting, which revealed that millions of rental documents on seven platforms were potentially publicly accessible. Samantha Floreani, a digital rights advocate and PhD candidate analysing rental tech, supported the ruling, stating that renters should not have to choose between data privacy and securing housing.
Industry Response and Future Implications
InspectRealEstate has agreed to adapt its data collection practices on a without-admissions basis, as required by the commissioner's ruling. Although the decision specifically applies to 2Apply, Kind expects other RentTech providers to align their practices with these findings. Real estate peak bodies have been provided with the determination to guide the sector towards more ethical data handling.
This ruling follows extensive research, advocacy, and media reporting on invasive data extraction from renters. It marks a critical step in addressing privacy concerns in the competitive rental market, urging platforms to prioritise data minimisation and fairness. As the housing crisis continues, this decision sets a precedent for protecting tenant rights in an increasingly digitalised property landscape.
