PIPEDA Report of Findings #2016-002: Property management company agrees to scrap "bad tenant list"
A complainant alleged that a property management company improperly collected, used, and disclosed tenants' personal information by maintaining a "bad tenant list" for a landlord association, leading to her rental application rejection. The company confirmed it held the list, arguing tenants consented via a rental application clause. The OPC found that the consent clause was not meaningful for this purpose and that the company was acting as an unlicensed credit reporting agency, making the purpose inappropriate under PIPEDA s.5(3). The OPC also found issues with the accuracy of the information and the lack of opportunity for individuals to challenge it. The company disagreed with being classified as a credit reporting agency but agreed to destroy the list and cease its collection, use, and disclosure. The matter was found to be well-founded and resolved.
- 1Whether the collection, use, and disclosure of personal information for a "bad tenant list" was for purposes that a reasonable person would consider appropriate in the circumstances (s.5(3) PIPEDA)
- 2Whether the property management company was acting as an unlicensed credit reporting agency under provincial legislation
- 3Whether meaningful knowledge and consent of individuals were obtained for the collection, use, and disclosure of their personal information for the "bad tenant list" (Principle 4.3, 4.3.2 PIPEDA)
- 4Whether the personal information on the "bad tenant list" was accurate, complete, and up-to-date (Principle 4.6, 4.6.1 PIPEDA)
- 5Whether individuals had the ability to challenge the accuracy of information about them on the list (Principle 4.10 PIPEDA)
- Collection of personal information: Improper collection found due to invalid consent
- Use of personal information: Improper use found due to invalid consent and inappropriate purpose
- Disclosure of personal information: Improper disclosure found due to invalid consent and inappropriate purpose
- Meaningful consent: Consent clause found not meaningful for this purpose
- Appropriate purpose: Purpose of maintaining list found inappropriate under PIPEDA s.5(3)
- Accuracy of information: Issues found with accuracy of information
- Right to challenge: Lack of opportunity to challenge information found
Complaint well-founded and resolved
The OPC found that the property management company's collection, use, and disclosure of personal information for a 'bad tenant list' was for an inappropriate purpose, lacked meaningful consent, and failed to ensure accuracy or provide challenge mechanisms. The company resolved the issues by destroying the list and ceasing related activities.
The property management company was recommended to cease the collection, use, and disclosure of tenants' personal information for its "bad tenant list" and to destroy the current list, which it complied with.
- Principle 4.2 PIPEDA
- Principle 4.3 PIPEDA
- Principle 4.3.2 PIPEDA
- Principle 4.6 PIPEDA
- Principle 4.6.1 PIPEDA
- Principle 4.10 PIPEDA
- s.5(3) PIPEDA
This summary is informational only and not legal advice.
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