(File)

(File)

UPDATED: B.C. landlords collect too much personal information, watchdog says

Report suggests low vacancy rates lead landlords to believe they can collect whatever info they want

Landlords in B.C. are generally collecting too much personal information from potential tenants, the province’s acting privacy watchdog says, and in many cases are violating privacy laws.

In a report published Thursday, acting privacy commissioner Drew McArthur examined the personal details collected by 13 landlords during the tenancy application process, and compared it to what is authorized by the Personal Information Protection Act.

“Low vacancy rates may prompt landlords to believe they can collect whatever information they want from prospective tenants,” said McArthur in a news release. “In some cases, landlords required applicants to provide months’ worth of detailed bank statements, or for consent to conduct a credit check, or for information protected by the Human Rights Code, such as marital status.”

His report includes examples of things landlords had requested that he found to be “invasive” and “concerning,” such as a copy of their child’s report cards, their T4 slips, and their social insurance number.

Landlords had asked would-be tenants how long they’d been a customer at their bank, were they born in Canada, and would they consent to an inspection of their current home before their application would be approved?

READ MORE: B.C. welcomes Ottawa’s help on rental housing construction

The report makes recommendations such as never collecting information from social media or internet search engines; limiting the amount of required personal information on application forms; and requiring a credit check only when a potential tenant can’t provide proper references about past tenancies, employment or income.

“Rentals make up 30% of housing in B.C.,” McArthur said. “Unfortunately, many applicants feel they have no choice but to provide this information to avoid missing out on a place to live.”

LandlordBC CEO David Hutniak said he agrees with the recommendations for the most part, saying landlords must understand their rights and responsibilities when it comes to their own privacy and that of their tenants.

But he said he struggles with not being able to check out someone’s publicly available social media profiles.

“For those to be taken out of the equation in 2018, we think that definitely needs to be re-considered,” Hutniak said. “It’s primarily out of concern for the smaller landlords.”

READ MORE: B.C. to give renters a break on deposits, rent increases

Roughly 60 to 70 per cent of rental housing in Vancouver is secondary market, he said, such as condos and secondary suites. These landlords may lack the experience of someone who manages a 100-tenant building to spot potentially problem renters, and need to be able to use tools such as social media and credit checks.

In a telephone interview with Black Press Media, McArthur said his office has always told employers they cannot use publicly available social media to screen potential employees.

“While may be available to the public, it’s not described as public in our legislation,” he said, adding any details gleaned from someone’s Facebook or Instagram account must relate to their prospective tenancy.

“Landlords can refer to references. You can go and check references and do that diligently.”

Hutniak said his organization, which has about 3,300 members, plans to reach out to the privacy commissioner and Housing Minister Selina Robinson to discuss the report.

Referring to the current housing affordability crisis, he said: “The last thing we need are any sort of measures that are going to sway people not to rent out their homes.”

In an email, Robinson said it’s disturbing to see some landlords are taking advantage of low vacancy rates and violating personal privacy.

“We will review educational resources made available to landlords to ensure they align with the recommendations in this report.”

McArthur’s office also published guidance documents to help landlords figure out what personal information they can collect and what they cannot.



laura.baziuk@bpdigital.ca

Like us on Facebook and follow us on Twitter

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Elvira D’Angelo, 92, waits to receive her COVID-19 vaccination shot at a clinic in Montreal, Sunday, March 7, 2021, as the COVID-19 pandemic continues in Canada and around the world. THE CANADIAN PRESS/Graham Hughes
110 new cases of COVID-19 in Interior Health

Provincial health officers announced 1,005 new cases throughout B.C.

Montrose resident Kimba McLean has hiked Antenna Trail every day since October and counting. Photo: Jim Bailey
Montrose man makes daily trek up Antenna Trail

Kimba McLean put on more than 800-km hiking Antenna Trail every day for the past six months

Kristian Camero and Jessica Wood, seen here, co-own The Black Cauldron with Stephen Barton. The new Nelson restaurant opened earlier this month while indoor dining is restricted by the province. Photo: Tyler Harper
A restaurant opens in Nelson, and no one is allowed inside

The Black Cauldron opened while indoor dining is restricted in B.C.

First-year Selkirk College student Terra-Mae Box is one of many talented writers who will read their work at the Black Bear Review’s annual (virtual) launch on April 22. Photo: Submitted
Trail Times file photo
Trail RCMP nab wanted man

Police responded to a call for assistance in East Trail on April 7, at 2 a.m.

Rainbow trouts thrashing with life as they’re about to be transferred to the largest lake of their lives, even though it’s pretty small. These rainbows have a blue tinge because they matched the blue of their hatchery pen, but soon they’ll take on the green-browns of their new home at Lookout Lake. (Zoe Ducklow/News Staff)
VIDEO: B.C. lake stocked with hatchery trout to delight of a seniors fishing club

The Cherish Trout Scouts made plans to come back fishing soon

Royal Inland Hospital in Kamloops. (Dave Eagles/Kamloops This Week file photo)
RCMP intercept vehicle fleeing with infant taken from Kamloops hospital

The baby was at the hospital receiving life-saving care

Vancouver Police Const. Deepak Sood is under review by the Independent Investigations Office of B.C. after making comments to a harm reduction advocate Sunday, April 11. (Screen grab)
VIDEO: Vancouver officer convicted of uttering threats under watchdog review again

Const. Deepak Sood was recorded Sunday saying ‘I’ll smack you’ and ‘go back to selling drugs’ to a harm reduction advocate

Provincial health officer Dr. Bonnie Henry prepares a daily update on the coronavirus pandemic, April 21, 2020. (B.C. Government)
B.C.’s COVID-19 infection rate persists, 1,005 new cases Friday

Hospitalization up to 425, six more virus-related deaths

Premier John Horgan receives a dose of the AstraZeneca COVID-19 vaccine at the pharmacy in James Bay Thrifty’s Foods in Victoria, B.C., on Friday, April 16, 2021. THE CANADIAN PRESS/Chad Hipolito
B.C. Premier John Horgan gets AstraZeneca shot, encourages others

27% of residents in B.C. have now been vaccinated against COVID-19

The Nautical Dog Cafe at Skaha marina is getting its patio ready in hopes Mother Nature will provide where provincial restrictions have taken away indoor dining. (Facebook)
‘A lot of instability’: B.C. restaurants in layoff limbo

As COVID-19 cases stay high, restaurants in British Columbia are closed to indoor dining

Prime Minister Justin Trudeau looks on as Deputy Prime Minister and Finance Minister Chrystia Freeland responds to a question during a news conference on Parliament Hill in Ottawa, Tuesday, Aug. 18, 2020. THE CANADIAN PRESS/Adrian Wyld
Expectations high as Trudeau Liberals get ready to unveil first pandemic budget

The Liberals will look to thread an economic needle with Monday’s budget

Since April 4, 38 flights with COVID-19 cases have departed from Vancouver International Airport, while 23 arrived. (Phil McLachlan/Capital News)
Vancouver the largest source of domestic flights with COVID-19 cases: data

This month alone, 38 flights with COVID-19 cases have departed from Vancouver International Airport, while 23 arrived

John Furlong, Own The Podium board chairman and former CEO of the Vancouver Olympics, addresses a Vancouver Board of Trade luncheon in Vancouver, B.C., on Wednesday November 25, 2015.THE CANADIAN PRESS/Darryl Dyck
John Furlong presents 2030 Winter Games vision to Vancouver Board of Trade

Vancouver and Whistler would remain among host sites because of 2010 sport venues still operational

Most Read