Div 14ATenant information

Division 14A—Tenant information 76A—Preliminary (1) In this Division— national privacy principles means the principles stated in Schedule 1 of the Privacy Act 1988 of the Commonwealth; prospective tenant information means personal information provided for the purposes of applying to enter into a residential tenancy agreement; tenant information, in relation to a tenant under a residential tenancy agreement, means personal or financial information provided for the purposes of the residential tenancy. (2) This Division does not limit the operation of— (a) Part 5A; or (b) the national privacy principles. (3) This Division does not apply to— (a) the South Australian Housing Trust or a subsidiary of the South Australian Housing Trust; or (b) a registered community housing provider; or (c) an agency or instrumentality of the Commonwealth or the State prescribed by the regulations. 76B—Dealing with tenant information and prospective tenant information (1) A person who holds tenant information or prospective tenant information must take such steps as are reasonable in the circumstances to protect the information— (a) from misuse, interference or loss; and (b) from unauthorised access, modification or disclosure. (2) A person who holds prospective tenant information must take such steps as are reasonable in the circumstances to destroy the prospective tenant information— (a) if the person who provided the prospective tenant information consents to the information being dealt with under this paragraph—as soon as practicable after the day that falls 6 months after the date on which the information was provided; or (b) if paragraph (a) does not apply—as soon as practicable after the day that falls 30 days after the date on which the relevant residential tenancy agreement was entered into. (2a) A person who holds tenant information must take such steps as are reasonable in the circumstances to destroy the tenant information as soon as practicable after the day that falls 3 years after the date on which the end of the tenancy occurs. (2b) Subsections (2) and (2a) apply subject to any Act of this State or of the Commonwealth relating to the preservation of records. (3) A person who holds tenant information or prospective tenant information must not disclose the information except— (a) with the consent of the person to whom the information relates; or (b) as required or authorised by this Act, any other Act or law, or a residential tenancy agreement to which the person who provided the information is a party; or (c) in accordance with an order of a court or tribunal; or (d) in prescribed circumstances. 76C—Powers of Tribunal (1) The Tribunal may, on the application of the Commissioner or a person to whom tenant information or prospective tenant information relates, make such orders against a person as may be necessary or expedient in the opinion of the Tribunal to ensure compliance with this Division or any provision of this Division. (2) If a person commits an offence against this Division, the Tribunal may, on the application of the Commissioner, make an order requiring the person to comply with conditions specified in the order in relation to tenant information or prospective tenant information held by the person. (3) An order under subsection (1) or (2) is effective for such period as may be specified in the order or until further order of the Tribunal.