Our executive committee has requested residents provide the relationship of visitors. Is this a breach of the Privacy Act?
Our executive committee has requested residents provide the relationship of visitors who, we allow independent access to our apartments, through a fob. The apartments are part of a building complex.
When we ask why and how this information is relevant, they say they have the right to know who is being given access to the complex.
This is despite our Building Business Rules stating that independent access is authorised by the resident who is responsible for their visitors.
Is this a breach of the Privacy Act?
As there is no requirement under the governing legislation, the occupants may legally refuse to provide the information requested by the committee.
It should be noted that this is an unusual request from the members of the executive committee.
Such a request is likely to be a breach of the privacy act, furthermore it would be very difficult to enforce.
Pursuant to Section 114 of the Unit Titles (Management) Act 2011, the owners corporation is only required to obtain the full name of the occupier of the unit. There is no obligation to obtain details regarding their visitors or guests.
As there is no requirement under the governing legislation, the occupants may legally refuse to provide the information requested by the committee.
There is an acceptance that registered Rules should not contravene any relevant legislation. All owners, residents and members of the executive committee should be aware that majority of security systems used in buildings maintain a register of swipe access use, including dates and times when allocated swipes were used to access areas of common property. This information should be securely maintained in accordance with the regulations of the privacy act.
Jack Stoker Bright & Duggan E: Jack.Stoker@bright-duggan.com.au P: 02 9902 7100
Log in to your existing Lookupstrata Account to download the printable file.
Jack Stoker is a Senior Strata Manager with Bright & Duggan, Australia’s Strata Leader. Throughout his 6+ years in the Strata & Property industry, Jack has worked with a wide range of clients throughout NSW & the ACT including some of Australia’s most well-known developers and landmark strata and community schemes. Jack is a licensed strata manager, a graduate of RMIT and a member of the Strata Community Association NSW & ACT. Jack is an advocate for education and training, helping ensure that the industry continues to innovate and strive for professionalism.
Lookupstrata Directory
Looking for ACT Strata Specialist in your area? Search within our LookUpStrata Directory for the best list of contacts available
Search the directory
Comments
Log in to leave a comment