#156 False choice, real harm - how power asymmetries and dark patterns erode privacy

In this episode we break down the OAIC's determination against Australia's largest rental technology platform ("RentTech") 2Apply.After a year-long investigation, Privacy Commissioner Carly Kind found that 2Apply collected personal information far beyond what was reasonably necessary, and via means deemed unfair. The ruling is another example of the Commissioner's more assertive enforcement posture.Noting the challenges in the housing market facing renters, we unpack how this determination might also matter more broadly to any situation where there's an imbalance of power. We also explore how the ruling applies the concept of "online choice architecture", in which the design of digital platforms can shape the decisions people make.LinksOAIC media release https://www.oaic.gov.au/news/media-centre/renttech-platforms-must-stop-unfair-and-excessive-personal-information-collection,-says-privacy-commissionerFull determination https://www.oaic.gov.au/__data/assets/pdf_file/0022/263254/IRE-Pty-Ltd-Privacy-2026-AICmr-24.pdfReporting on poor real estate agent cybersecurity (Josh Taylor, The Guardian) https://www.theguardian.com/australia-news/2026/feb/02/real-estate-agents-in-australia-using-apps-that-leave-millions-of-lease-documents-at-risk-digital-researcher-saysPrevious plain.txt interview with Commissioner Carly Kind https://podcasts.apple.com/au/podcast/151-trust-is-built-here-privacy-awareness-week-with/id16163866...CreditsEditing and post-production by Martin Franklin (East Coast Studio) www.eastcoaststudio.com.au