Implications of Tenant Data Collection: protecting Australian renters

With around one-third of Australian households renting, there’s a huge amount of personal information being collected and stored digitally. Published by AHURI in January 2026 this research explores how property technology is used in Australia’s private and social rental sectors to collect and process applicant and tenant personal information. It also examines the implications for individuals and whether existing policy and legal frameworks are fit-for-purpose.

Researchers focused on the data landscape, to understand the type and scope of technologies and how they are used. They also looked at the regulatory and compliance environment in New South Wales, Victoria and federally, as well as some international practices.

They found digital technologies are increasingly used across the private and and social rental sectors to process and score tenancy applications with more data collected on social housing tenants. How applications are scored and what screening criteria are used, is often opaque. AI and automated decision-making are being increasingly used in screening applicants. The risks to personal information include data breaches, bias in tenant selection, privacy violations, and heightened physical and digital surveillance. 

Digitisation of rental processes has outpaced legal and regulatory frameworks, leading to gaps in privacy protection, tenant rights and data security. Concerningly, many real estate agencies and property technology platforms are not subject to the Privacy Act due to small business exemptions. Australia can learn from some international regulatory frameworks which highlight the need for clear guidance on how data and privacy laws apply to housing.

Recommended policy actions

• Strengthening privacy protections – extend the Privacy Act to cover small businesses, restrict what constitutes ‘reasonable’ data collection and strengthen the regulation of tenancy databases.
• Future-proof regulation – periodically review rental data protections and emerging risks.
• Bring property technology under residential tenancy legislation – confirm that rental platforms and intermediaries must comply with tenant protection laws, not just consumer data privacy and AI laws.
• Implementation of the ‘Better Deal for Renters’ – national Cabinet’s agreement to standardise rental application forms, impose data retention limits, and regulate data collection practices, should be implemented in full.
• Develop frameworks for greater renter control – explore mechanisms allowing renters to access, correct and control how rental histories and personal data are used.
• Regulate algorithmic decision-making – establish oversight of algorithmic decision-making and AI in rental application assessment.
• Ensure fair competition – undertake greater scrutiny of listing platforms and algorithmic pricing models to prevent rent inflation through data-driven coordination.
• Define ‘due diligence’ standards – establish clear guidelines for how rental data can be used in insurance claims, legal disputes and law enforcement checks.