A NSW real estate agent breached privacy laws by doxxing a tenant who had left a negative Google review, the Australian Information Commission has found.
After a tenant who was not named for legal reasons gave Noonan Estate Agency a one-star review in 2021, the agency responded by disclosing his full name, occupation and financial status, a practice known as ” Human flesh search”. Written decision.
One-star review questions how many of the five-star reviews are fake, then says the agency hasn’t responded to emergency repair requests in three days
“Shame on you,” the tenant wrote. “I wonder how low competition in the segment should be for a company like yours to continue operating.”
In response — in an exchange reprinted in the commission’s decision — the agency responded with the tenants’ full names and said none of its five-star reviews were fake.
“We comply with relevant legislation,” the agency in Motordale, south of Sydney, wrote. “I’m not sure you’re upset that we’ve gone after you multiple times for unpaid rent, and we won’t apologize for that.
“According to your LinkedIn profile, you are an accountant, and as an accountant you should know how to pay your rent on time. Our staff have been pursuing the payment you are owed going back to before lockdown and have received over 200 (two hundred) notices of arrears, and [a] Countless phone calls but no response from you.
The tenant complained to the agency, saying the agency “disclosed my personal information to global public comments in response to my Google review.” The tenants are seeking $15,000 in damages from the agency.
The agency removed his surname from the post, but the tenant was unhappy and complained to the Office of the Australian Information Commissioner (OAIC).
The Commissioner found Noonan Real Estate breached the Privacy Act by disclosing tenants’ personal information.
“The defendant is a private real estate business that provides property management, sales and leasing services,” the commissioner found.
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“The nature of the services it provides requires the processing of personal information, such as customers’ names, contact details and financial information, and may also include sensitive information, such as customers’ gender and health information.”
The commissioner did not provide the tenant with $15,000 in restitution but ordered the agency to apologize to him within 30 days.
As part of the hearing, the agency said it would seek external advice on how to comply with Australian privacy laws and provide regular training to its staff.
Guardian Australia contacted Noonan Real Estate for comment.
