Real estate agency’s response to one-star Google Review ‘interfered with the privacy’ of tenant

A Sydney real estate agency has been ordered to apologise after it posted personal information in response to a one-star Google Review.

A Sydney real estate agency has been ordered to apologise after it responded to a tenant’s one-star review by publishing personal information.

The Australian Information Commissioner found that Noonan Real Estate Agency Pty Ltd “interfered with the privacy of the complainant” by disclosing personal information in breach of Australian Privacy Principle 6.1.

The privacy principle requires entities to only disclose personal information for the purpose it was collected.

The real estate agency published the tenant’s full name and details about their financial circumstances in the terse response to the tenant’s review.

The saga began on 31 July 2021 when the complainant, who has not been named, wrote the following Google Review: “Highly unprofessional. P.S. I would question how many of your 5 star reviews are fake. Your series are not according to the NSW Fair Trading rules. You have extremely bad communication between your employees. Your response to emergency in a rental property is more than 3 full days. Shame on you. I wonder how low the competition should be in a market segment for a company like you to be able to continue to operate”.

The real estate agency responded: “Mr [complainant’s full name], None of our 5 star reviews are fake. We abide by the relevant legislation. I am not sure if we have upset you by chasing your unpaid rent so many times, we will not be apologising for that.

The post was made in response to a 1-star Google Review. Picture: iStock (file image)

“You work as an Accountant according to your LinkedIn profile, and as an Accountant you should know how to pay rent on time. Going back prior to lockdown our staff have constantly had to chase your arrears, with in excess of 200 (two hundred) arrears notices and [a] plethora of phone calls, to which you do not respond.”

The complainant alleged they had suffered “pain, suffering, distress and humiliation” as a result of the interference with their privacy.

Andre Castaldi, a delegate of the Australian Information Commissioner, ordered Noonan Real Estate Agency to “issue a written apology to the complainant within 30 days of this determination, acknowledging that it has interfered with the complainant’s privacy”.

He also ordered the real estate agency not to continue or repeat the conduct.

Mr Castaldi declined to make an order for compensation of $15,000, which had been requested by the complainant, noting the Google Review response had been deleted and the agency had committed to “delivering privacy training to its staff”.

Noonan Real Estate Agency principal, Michael Noonan, told news.com.au that while defending the agency against false claims, a person was “regrettably” named.

“A Google Review was posted accusing us of fake reviews and other bad practices. None of which were true,” Mr Noonan said.

“I responded in defence, including regrettably, addressing the person by name.

“Shortly after the privacy complaint issue was raised, I removed the name.

“At the time of the incident, I only thought to defend my staff and reputation.

“The way in which I went about this was an error in judgement that I now regret. Following the incident I have had all staff trained in the correct procedures and corresponding guidelines.”