Australian Privacy Commissioner Issues Landmark Ruling Against Rental Platform
The Australian privacy commissioner has delivered a groundbreaking determination against rental platform 2Apply, finding the company collected excessive personal information from tenants in an unfair manner. Commissioner Carly Kind's ruling marks the first-of-its-kind action against a RentTech platform in Australia, addressing growing concerns about data privacy in the competitive rental market.
Excessive Data Collection Practices Uncovered
Commissioner Kind's investigation revealed that 2Apply, operated by InspectRealEstate, collected numerous categories of personal information deemed unnecessary for rental applications. The platform had processed more than 8.5 million applications as of March 2025, making it one of Australia's most commonly-used rental platforms.
The commissioner identified multiple data categories that 2Apply did not need to collect, including:
- Gender information and student status
- Bankruptcy and retirement status
- Previous living history and current property ownership
- Applications for other properties
- Bond and rent assistance application status
- Citizenship status and visa expiry details
Additionally, Kind found that 2Apply could collect significantly less information regarding emergency contacts, vehicle details, identification documents, proof of income, and employment details. The platform's practices were found to exacerbate the vulnerability of tenants during Australia's ongoing housing crisis.
"Confirmshaming" Tactics and Power Imbalances
The privacy commissioner's determination highlighted what she described as "confirmshaming" tactics employed by 2Apply. The platform's application forms included statements suggesting that providing extensive personal information would "help speed up your application process" while warning that not providing such information might "affect whether you are considered as a suitable tenant for the property."
"These statements are not necessarily untrue or misleading," Kind wrote in her determination. "However, by presenting these messages to individuals, my view is that the respondent is employing language that suggests that the volume and type of personal information provided is an indicator of their suitability as a tenant."
Kind emphasized the significant power imbalance in Australia's rental property market, which favors real estate agents, property managers, and landlords. This imbalance extends to platforms like 2Apply, which serve as intermediaries in the housing application process.
Housing Crisis Exacerbates Tenant Vulnerability
The commissioner noted that the current rental crisis, characterized by property shortages, sharply rising rents, and intense competition, makes tenants particularly vulnerable to unfair data collection practices. "In the absence of any legislated right to housing, the competitiveness of the rental market means people are at a disadvantage when trying to rent a home and are more vulnerable to unfair practices," Kind stated.
This ruling comes amid growing concerns about RentTech platforms in Australia. The Australian Housing and Urban Research Institute has identified 57 different rental platforms operating in the country, with a January report warning that "over-collection of data poses significant risks to renters' data security and privacy."
Industry-Wide Implications and Security Concerns
While the determination specifically applies to 2Apply, Commissioner Kind expects other RentTech providers to adapt their practices in line with her findings. Real estate peak bodies have been provided with the decision to assist the broader sector in reforming data collection practices.
The commissioner also raised security concerns regarding excessive data collection, referencing Guardian Australia reporting that analyzed seven platforms with millions of rental documents potentially publicly available. This over-collection creates additional security risks for both platforms and tenants.
Samantha Floreani, a digital rights advocate and PhD candidate analyzing rental technology, welcomed the ruling. "There is a long list of categories of personal information that are routinely being collected from renters that have no bearing on their ability to pay rent, or a likelihood that they will look after the property," Floreani said. "Renters shouldn't have to choose between their data privacy and finding a place to live."
InspectRealEstate has agreed to adapt its personal information collection practices on a without-admissions basis, and the commissioner's ruling requires the company to cease collection of information deemed unnecessary. This landmark decision represents a significant step toward protecting tenant privacy in Australia's increasingly digital rental market.
