Bad Tenant List (LTB)

Property management company agrees to scrap bad tenant list, 2016 CanLII 30544 (PCC)

24. Our preliminary analysis first looked at whether a reasonable person would consider the purpose for the collection, use or disclosure of personal information in connection with the "bad tenant" list as being appropriate in the circumstances, pursuant to subsection 5(3).

27. Landlords can conduct limited credit or reference checks with the consent of the prospective tenant for these purposes, or can interview prospective tenants and evaluate their responses. A credit check can flag missteps in the tenant's credit history, which may include missed or late payments, judgments, bankruptcy or past due rent. This information can be helpful in evaluating a tenant as to how they have been able to manage their financial responsibilities and can also reveal facts about the applicant that may have been omitted from the rental agreement, such as previous addresses.

30. After a careful analysis of the above noted provisions, it was our conclusion that the Respondent's "bad tenant" list included what would be considered "credit information" and "personal information" under the province's credit reporting legislation and that the Respondent's disclosure of that information to landlords would therefore require the Respondent to be licensed as a credit reporting agency under that Act.

31. Although the provincial credit reporting legislation permits the use of credit report information for the purpose of entering into, or renewal of, a tenancy agreement; it also places limits on the type of information that can be reported and mandates that credit reporting agencies must reasonably ensure the information they report on is accurate and fair and that they have obtained the consent of, or provided notice to, individuals when using their information.

32. Absent any evidence that the Respondent is operating as a licensed credit reporting agency in the province and given that the Respondent appears to be in contravention of the provincial credit reporting legislation, we are of the preliminary view that the Respondent's purposes for collecting, using or disclosing tenants' personal information in the circumstances (i.e., to create a "bad tenant" list) are not objectively appropriate under subsection 5(3).

Third-party landlord organization collected, used and disclosed tenants’ personal information without their consent, 2009 CanLII 84471 (PCC)

The organization offered various services to landlords, in exchange for membership fees. The services included conducting tenant background checks, and tracing and tracking tenants. Also, on its web site, the organization compiled and managed two lists of tenants’ personal information: the “bad” tenant list and delinquent tenant list. This information was available to members.

Findings

Issued December 11, 2009

Application: Principle 4.3 states that the knowledge and consent of the individual are required for the collection, use, or disclosure of personal information, except where inappropriate. Paragraph 7(3)(b) states that an organization may disclose personal information without the knowledge or consent of the individual only if the disclosure is for the purpose of collecting a debt owed by the individual to the organization. Principle 4.5 states that personal information shall not be used or disclosed for purposes other than those for which it was collected, except with the consent of the individual or as required by law. Personal information shall be retained only as long as necessary for the fulfillment of those purposes. Principle 4.7 states that personal information shall be protected by security safeguards appropriate to the sensitivity of the information. Principle 4.7.3(c) states that the methods of protection should include technological measures, for example, the use of passwords and encryption.