Data Privacy & Screening for Tenants in Austria
Many tenants in Austria face landlord screening: which personal data are allowed, what proofs may be requested and how data protection guards your privacy? This article explains in clear terms which documents are common and permissible during tenant screening, what limits data protection law sets and which consents you may give or refuse. I outline practical steps to prepare, how to limit sensitive information, keep proofs organized and what to do if a request is unlawful. This includes guidance on submitting ID copies, income proofs or references without disclosing unnecessary details. I also explain tenant rights regarding data sharing and storage periods.
Which data may landlords request?
Landlords often need basic information for identification and credit checks; the legal framework is found in the Mietrechtsgesetz (MRG) and relevant data protection rules.[1]
- Income proofs (e.g., pay slips or evidence of regular payments).
- Written documents such as employment contract or certificates (documents, proof) for credit assessment.
- ID verification (copy of ID) only to a limited extent and respecting privacy.
- Certificate of no rent arrears from previous landlord or payment confirmations.
Prohibited and sensitive data
Certain information is generally not permitted or only very limited: health data, ethnicity, intimate details, religious or political beliefs, and detailed bank transactions with sensitive entries.
- Sensitive health or criminal record information is generally not allowed.
- Full account numbers or extensive bank statements should be redacted if proof of income suffices (privacy).
Consent, storage and rights
Any transfer of personal data should be based on a clear legal basis or your consent; you have rights to access and deletion as well as restriction of processing. Official guidance is available from the competent authorities.[2]
How to respond to unlawful requests?
Practical steps if you believe a landlord requests excessive or unlawful data:
- Request the purpose of data collection and the legal basis in writing.
- Formally refuse to provide sensitive data and offer alternative proofs.
- Seek advice from tenant associations or authorities.
FAQ
- Can landlords request a copy of my ID?
- Yes, for identification a copy is usually allowed, but landlords may not ask for more personal data than necessary.
- Do I have to provide full bank statements?
- No, typically income proofs suffice; you may redact sensitive account data.
- How long can landlords store my data?
- Data may only be kept as long as necessary for the contractual purpose or legal obligations.
How-To
- Gather only necessary documents: ID, income proofs, certificate of no rent arrears.
- Redact sensitive details (e.g., account numbers) before sharing copies.
- Insist on written consent or request a statement of purpose.
- Document requests and consider filing a complaint with authorities or courts.
