Home | The Centre | Events | Publications | Site Map | Contact Us

 You are here: Home >> 2004 >> Projects >> Tenancy database

Tenancy Database Representative Complaints –
Decisions by Federal Privacy Commissioner


On 19 April Federal Privacy Commissioner Malcom Crompton decided on four representative complaints (sometimes known as ‘class actions’) against the tenant database practices of TICA Default Tenancy Control Pty Ltd, which in effect runs a ‘blacklist’.

The complaints were lodged by the Tenants Union of Queensland, supported by Tenants Union of NSW and assisted by tenancy and privacy advocates, including a number of this Centre's associates.

Commissioner Crompton found 13 breaches of the Privacy Act, and made extensive orders against TICA.

Visiting Fellow Chris Connolly was involved as a principal legal adviser in this, the first representative complaint to the Australian Privacy Commissioner, resulting in the first s.52 Determinations against a private sector organisation.


The text of the decisions

Determination No. 1 of 2004 - PDF (amount charged for access to personal information is excessive)

Determination No. 2 of 2004 - PDF (personal information not sufficiently accurate, complete or up-to-date)

Determination No. 3 of 2004 - PDF (listing time frames used by TICA are 'excessive and unjustified')

Determination No. 4 of 2004 - PDF (collection is unnecessary for the functions and activities of TICA)

Media coverage

Media Release from the Federal Privacy Commissioner, ‘Tenancy database operator breaches the Privacy Act,’ www.privacy.gov.au/news/media/04_07.html

Media Release from Queensland Tenants Union, with list of breaches.

Interview with Chris Connolly, director of Financial Services Consumer Policy Centre and former Cyberlaw Centre co-director. http://afr.com/premium/articles/2004/04/18/1082226634559.html

For more information contact:

[Top] [Back to home page]

URL: http://www.cyberlawcentre.org/tenancy/- Updated 31 August 2004