Good Faith/Fair Dealing

• California landlord-tenant law requires a landlord to deal in good faith and fairly with a tenant in all matters, including the use of personal information. This means a landlord may only use a tenant's personal information for the reasons he describes to the tenant. For example, a landlord using a prospective tenant's Social Security number to conduct a credit screening as part of the rental application process may only use that information for the purpose of obtaining the applicant's credit rating and credit report. Using the information for a reason other than what the applicant agreed to is a breach of confidentiality and is illegal.
  
  

Written Permission Required

• The law in California and other states requires a landlord to obtain a tenant's express written permission to use any confidential information including driver's license number and Social Security number in the rental or application process. This is also the case if a landlord wishes to conduct an investigation into a rental applicant's background. These regulations are in place to ensure a tenant or applicant has the power to protect her confidential information and only give this information out when she believes it necessary. It is illegal for a landlord to investigate a tenant or rental applicant's background without express written permission.
  
  

Third Party Inclusions

• Releasing a tenant or applicant's confidential information to a third party can carry the potential for a serious breach of the tenant or applicant's privacy rights. This can lead to identity theft, a crime that can carry liability for the landlord if he divulged confidential information without permission. A landlord in California or other states seeking to use a third party to legally conduct an investigation into a tenant or applicant's credit history or background must obtain express written permission. The applicant or tenant must be aware that the landlord intends to use a third party to conduct the investigation. The information must include the name of the third party, nature of the business and all relevant contact information.
  
  

Protecting Confidential Information

• A landlord may store confidential tenant information, including completed applications and tax information for security deposits, as part of her business. Storing this information safely is integral to maintaining tenant privacy and protecting the landlord's liability in the event someone steals a tenant's confidential information. A landlord who willfully sells, gives away or uses a tenant's confidential information for the purpose of defrauding the tenant is committing identity theft. This crime is punishable with heavy fines and possible prison time depending on the scope of the fraud.