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A new legislation has been submitted to NSW Parliament to crack down on misleading rental advertisements and restrict the types of personal information that can be collected and retained by NSW agents.
If passed through NSW Parliament, the Residential Tenancies (Protection of Personal Information) Amendment Bill 2025 will introduce a standardised rental application form that will impose new obligations on NSW agents.
The reforms would require agents to disclose when rental images have been digitally altered to mislead renters, such as adding oversized furniture or hiding property damage.
Agents in NSW would also be obligated to disclose whether an embedded utility network is included in an advertised rental property, ensuring that renters are informed about any associated costs.
The new legislation also aims to provide greater clarity and certainty for landlords, agents, and property platforms by clearly outlining privacy rules for real estate professionals who handle renters’ personal information.
The NSW government said the changes would prevent the unnecessary collection of personal information and reduce the risk of identity theft and data breaches for all parties involved in the rental process.
Minister for Better Regulation and Fair Trading, Anoulack Chanthivong, said the changes aimed to strengthen privacy protections and increase the efficiency of the rental process across NSW.
“These reforms will stop unnecessary data collection, limit the risk of data breaches, and give everyone greater confidence in how privacy is safeguarded throughout the rental process,” he said.
With a third of NSW residents renting their homes, the state government estimated that roughly 187,000 pieces of information are collected from renters every week.
The NSW government stated that the reforms would address the excessive documentation required of renters when applying for a property, including personal photos, social media account details, relationship information, and details about their children.
In light of rising cyber crime across the state, NSW rental commissioner Trina Jones warned that collecting such sensitive data poses a significant privacy risk to renters and those who hold their information.
“By setting clear rules for how renter data is handled, the Protection of Personal Information Bill doesn’t just protect tenants, it reduces legal and reputation risk for landlords and agents too,” Jones said.
Once the reforms pass through NSW Parliament, the government will consult with the industry to finalise the standardised application rental form, including the rules around what documents can be collected and when they need to be destroyed.
Under the new legislation, the non-disclosure of misleading altered photos will result in a penalty of up to $5,500 for individuals and $22,000 for businesses, while fines of $11,000 for individuals and $49,500 for businesses will apply for privacy rule breaches.
Jones said the new reforms would enhance the fairness and efficiency of the rental process, while safeguarding against the increased threat of cyber crime in NSW.
“This legislation will see sensible limits on what information can be collected in a rental application, creating a fairer and more consistent process, and gives rental applicants more control over their personal data,” she concluded.
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