Australian Capital Territory Current Acts

RESIDENTIAL TENANCIES ACT 1997 - SECT 97

    (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.

Example

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.

    (4)     In this section:

"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.