Real estate agent who doxxed NSW tenant after one-star Google review broke privacy laws, commission finds

A New South Wales real estate agent who doxxed a tenant who left a bad Google review broke privacy laws, Australia's information commission has found.

After the tenant, who has not been named for legal reasons, gave Noonan Real Estate Agency a one-star review in 2021, the agency responded by disclosing his full name, occupation and financial circumstances, in a practice known as doxxing, according to a written decision.

The one-star review questioned how many of the five-star reviews were fake, before saying the agency had not responded to an emergency repair request for three days

"Shame on you," the tenant wrote. "I wonder how low the competition should be in a market segment for a company like you to be able to continue to operate."

In response – in an exchange reproduced in the commission's decision – the agency replied by addressing the tenant with his full name, and saying none of its five-star reviews were fake.

"We abide by the relevant legislation," the agency in Mortdale, southern Sydney, wrote. "I am not sure if we have upset you by chasing your unpaid rent so many times, we will not be apologising for that.

"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 tenant complained to the agency, saying it had "disclosed my personal information to worldwide public reviewing in their reply to my Google review". The tenant asked the agency for $15,000 in compensation.

The agency took his last name off the post, but unsatisfied the tenant made a complaint to the Office of the Australian Information Commissioner (OAIC).

The commissioner found Noonan Real Estate had breached the Privacy Act by disclosing the tenant's personal information.

"The respondent is a private real estate business offering property management, sales and leasing services," the commissioner found.

"The nature of the services it provides requires the handling of personal information such as its clients' names, contact details and financial information, and may also include sensitive information, such as its clients' gender and health information."

The commissioner did not award the tenant $15,000 in compensation but ordered the agency to issue him an apology within 30 days.

As part of the hearing the agency said it would seek external advice on how it could comply with Australia's privacy laws, and implement regular training for its staff.

Guardian Australia contacted Noonan real estate for comment.