Real estate agents covered by the Privacy Act may collect only the personal information necessary to fill a property vacancy. An agent covered by the Privacy Act can collect personal information about an individual if:

  • the collection of the personal information is necessary for its functions or activities
  • it collects the information by lawful and fair means and not in an unreasonably intrusive way.

The agent can only collect sensitive information (e.g. health or race) if the individual has consented.