We recently visited a property via a well known Real estate brand for a general open for inspection. We didn't end up following through with the home but some weeks later I get a call from the agent that took my details at the inspection telling me that the agency has changed and how was I going in my property search. In looking up the agent's details, the agency hasn't in fact changed, the agent has in fact moved to a new Real Estate Business, to a different suburb and is soliciting her services to me. Is this a major breach of privacy here? Do I have any legal stance to take this further with regard to how the original agency collected my data, and how the agent was able to take that data to a completely new business. I'd be interested in everyone's thoughts on the matter.
Breach of Privacy by Real Estate Agent
Comments
what's the Intellectual Property condition in your work contract?
In my line of work all IP generated by me in the course of my role and job remains the property of my company.
It's a grey area
I'll leave it at that :P
Maybe call the original agency and tell them. I'm sure they won't be happy that she's soliciting the agency's contacts.
I have made a complaint via the Agency website but haven't heard back as yet
You should pursue this legally and be compensated for your loss. At least $10,000,000 in damages. Don't bother reading the rest of the comments - go see a lawyer immediately!
Exactly. Also it's against the Constitution.
and mabo. its the vibe
Technically, that is illegal, but then so is jaywalking or parking on the grass in front of your home, and a million other things. Unless you have an unlisted phone number, I can't see a breach of privacy here.
In other related news, I've had a major breach of privacy. My GP called my home yesterday and told my partner that some tests I had done last week had come in and everything was normal. Technically, this is a breach of privacy as he is not authorised to provide my medical information to someone else. But there's no way I'd even think about reporting him.
good on you OP for following this up
perhaps make the previous RE awareDept Fair-Trading if you want to get really serious
They will prolly only make her re-sit her license examThis is where the erosion of our rights begin, in the so-called grey area's
rookie mistake. fake names, fake numbers. I dont need your follow up calls.
This things happen all the time.
Businesses only have to comply with the Privacy Act if they have a turnover of more than $3M a year. So if the old agency didn't have that turnover then you don't have any recourse.
However, if they did then they have an obligation to ensure the information is kept secure and not disclosed to another party (but as with anything there's a range of exemptions I wont go through here). I have no idea if the agency has disclosed the information legally (as we dont have enough info), but ordinarily a REA moving firms would still be a disclosure from one firm to another.
If you want, you could complain to the Office of the Australian Information Commissioner who will slap them on the butt and say "bad". As for if you have any legal stance - really what do you want? You're never going to get any compensation or anything.
only have to comply with the Privacy Act if they have a turnover of more than $3M a year
I would have thought most real estate agents would easily have this kind of turnover with houses costing so much these days
Depends on their size I guess. Turnover isn't the price the house sells at in this case, but their fees.
I know it would be their commissions, but still that seems like a fairly small number unless its a one man agency or something.
All food for thought thanks everyone, I'm not wanting money out of this…. I just wanted to see what people felt about the matter. I'm going to leave it but I was just surprised.
And us Australian's consider ourselves laid back!!!!
It's one phone call, I'm sure it's not the end of the world.
REA's run their own 'business', so of course they're going to take leads with them rather than giving them to another REA.
I'm a car salesman. If I moved dealerships, I'd be contacting old owners as well, I have their details. It's a grey area but I earned the right to.
I'm sure you can move on from it if you told her you weren't interested, or found something else, or whatever.