LEGAL
Privacy and real estate — how is the Privacy Act 2020 relevant to agents?
Louisa Joblin, Associate Commercial Lawyer, Rainey Collins
The new Privacy Act 2020 came into force at the end of December 2020. It brought changes that mean privacy needs to be taken into greater consideration by businesses and organisations that collect, store, use and disclose personal information about individuals. Privacy is essential when business activities involve handling personal information.
Real estate work involves dealing with a large volume of personal information, and it is vital that agents and agencies know, and comply with, their privacy obligations.
form. People must be given the option to opt-out from giving information and being contacted, which may be as a tick box the physical form.
To consider whether something is personal information, you will need to ask: is there a reasonable chance that someone can be personally identified with this information?
Store information safely and securely
In real estate, this is likely to include information such as full legal names, email and telephone details, residential addresses, door and alarm access codes, financial information, family information (for example, sickness or death of a family member as the basis for a sale), and sale history records. So, what are some fundamental ways to protect privacy when performing your day-to-day role?
Make it clear what information is collected and why If using a sign-up sheet at open homes, you must include a privacy statement on the form outlining the purpose of collecting the information, who will see and have access to it, and the individual’s right to access and correct the information they provide. 'Access' to the information includes all the people at the open home using the same
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The Real Estate Institute of New Zealand
You must store personal information responsibly and ensure that unauthorised people cannot view or access that information. Prevent unwanted access by using separate forms for prospective purchasers at open homes, securing information in locked files or password protected folders, and re-checking email addresses to ensure any personal information goes to the correct recipient.
Only use personal information for the purposes it was collected You will naturally be handling large amounts of personal information relating to offers, finance, and Sale and Purchase Agreements. You must ensure that every piece of information is used solely for the purpose for which it is collected. You must only disclose personal information when it is in line with the purpose for which it was collected, or otherwise with the individual’s consent (except in very limited circumstances such as an emergency).
