Key Documents
The Government is seeking stakeholder views on the exposure draft of amendments to Part IVD of the Competition and Consumer Act 2010 in relation to the operation of the Consumer Data Right (CDR) regime.
The amendments are directed at supporting the Government’s commitment to applying the CDR to key sectors of the economy, including Open Banking and in the energy sector.
The proposed amendments will support the proposed reallocation of sectoral assessment and rulemaking functions, alongside a range of minor and technical amendments.
With the CDR regime having launched and focus now shifting to the expansion of its coverage, new organisational arrangements are to be put in place to ensure the system is scalable, sustainable and developed in a coordinated way with broader digital policy initiatives.
The proposed technical amendments include provisions that clarify the scope of information that may be subject to the CDR regime; the operation of provisions specifying when data access may be chargeable; that the rules may determine whether or not outsourced service providers (OSPs) of accredited persons must themselves be accredited to collect CDR data; interactions between the rules and the Privacy Safeguards; the permitted types of data flows in relation to Gateways; and miscellaneous amendments addressing a range of minor drafting irregularities.
In relation to the amendments clarifying that the rules may determine when an OSP must themselves be accredited, the Government seeks views as to whether it is appropriate that a regulation making power should also be provided for, to enable obligations to be imposed directly upon OSPs. Such a regulation making power could complement existing rules directed at ensuring that OSPs comply with relevant information security, privacy and other obligations imposed upon their principal, or impose other appropriate protections in relation to their handling of CDR data. Comment is also sought as to whether express consent should be required from consumers for an accredited data recipient to use an OSP, in addition to current requirements that this fact be disclosed to the consumer.
The consultation period closes on 16 October 2020. Submissions may be sent to data@treasury.gov.au