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Residential Tenancies Act 1997
97Keeping personal information listed
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97 Keeping personal information listed
(1) A database operator must not keep personal information about a
person in the operator’s residential tenancy database for longer
than—
(a) 3 years; or
(b) if, under the Territory privacy principles or Australian Privacy
Principles, the database operator is required to remove the
information before the end of the 3-year period mentioned in
paragraph (a)—the period ending when the information must be
removed under the Territory privacy principles or Australian
Privacy Principles.
(2) However, a database operator may keep a person’s name in the
operator’s residential tenancy database for longer than the periods
stated in subsection (1) if—
(a) other personal information about the person in the database is
attached to the person’s name; and
(b) the other personal information is not required to be removed
under subsection (1) or another law.
Larry Tate is listed in a residential tenancy database in relation to two breaches of
residential tenancy agreements. The first breach occurred 3 years ago. The second
breach occurred 2 years ago. The database operator is required under s 97 (1) to
remove the reference to the first breach from the database. Larry may still be listed
in the database because the second breach occurred 2 years ago.
(3) This section does not limit the operation of another provision in this
part or another law that requires the removal of personal information.
Australian Privacy Principles means the principles stated in the
Privacy Act 1988 (Cwlth), schedule 1.
Territory privacy principles means the principles stated in the
Information Privacy Act 2014, schedule 1.