Rental platform unnecessarily collected the data of millions of Australians, privacy commissioner finds

An online rental platform has been urged to stop collecting users’ personal information after the Australian privacy commissioner found the gathering of “excessive” data compounded the vulnerability of tenants amid the housing crisis.

RentTech platforms are increasingly used by real estate agents in Australia for people applying for rental properties to submit applications and supporting documentation. The Australian Housing and Urban Research Institute has identified 57 different rent platforms operating in Australia.

An Ahuri report released in January found while providing personal information is necessary for rental agreements, the “over-collection of data poses significant risks to renters’ data security and privacy”.

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In a first-of-its-kind determination against one of the platforms, published on Wednesday, the privacy commissioner, Carly Kind, found 2Apply, operated by InspectRealEstate, had collected excessive personal information in an unfair manner.

2Apply is one of the most commonly-used rental platforms in Australia and had processed more than 8.5m applications as of March 2025, the determination said.

Kind found that 2Apply did not need to collect gender information, detail on dependents, student status, bankruptcy status, retirement status, previous living history, current ownership of property, applications for other properties, bond/rent assistance application status and citizenship status or visa expiry.

Kind also found 2Apply could collect less information on emergency contacts, vehicle details, certain ID documents, proof of income documents and employment details.

The privacy commissioner found that 2Apply’s application system exhibited what is dubbed “confirmshaming” – an online tactic that uses guilt to discourage a user from opting out of something..

The form noteed that providing information would “help speed up your application process” and not providing it may “affect whether you are considered as a suitable tenant for the property”.

Kind wrote: “These statements are not necessarily untrue or misleading … 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.”

InspectRealEstate was approached for comment. The commissioner noted that the platform had “laudably agreed to adapt its personal information collection practices on a without-admissions basis”, but her ruling required the company to cease collection of information deemed not necessary.

Kind noted in her determination the power imbalance for renters in providing this amount of information when seeking housing.

“There is an inherent and significant power imbalance in the rental property market which favours real estate agents, property managers and landlords,” she said. “As an intermediary to individuals’ access to housing, this power imbalance also favours platforms such as 2Apply.

“This power imbalance is exacerbated by a rental crisis in which there is a shortage of rental properties, sharply rising rents and other costs of living, and intense competition for properties.

“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 said.

Although the decision applies to 2Apply, Kind said that she expects other RentTech providers to adapt their practices in line with the findings, and real estate peak bodies have been provided with the decision to assist the sector.

Kind also noted that the over-collection of data could be a security risk for platforms, highlighting Guardian Australia reporting of an analysis of seven platforms that had millions of rental documents potentially publicly available.

Samantha Floreani, digital rights advocate and PhD candidate analysing rental tech, said the ruling comes after a significant amount of research, advocacy and media reporting on the extensive and invasive personal information being extracted from renters.

“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.”