South Australian Current Acts South Australian Current Acts76B—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.
Maximum penalty: $20 000.
Expiation fee: $1 200.
(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.
Maximum penalty: $20 000.
Expiation fee: $1 200.
(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.
Maximum penalty: $20 000.
Expiation fee: $1 200.
(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.
Maximum penalty: $20 000.
Expiation fee: $1 200.