Derived data - limiting the application of the CDR During the first consultation a number of stakeholders were concerned about the scope of the definition of CDR data and the requirement to share derived or value added data. While the definition of CDR data remains unchanged, a limitation on the powers has been included in the ACCC’s rules making Bill. Where the information relates to a consumer, the ACCC can only make consumer data rules which require access and transfer of information that is in the designation instrument (See section 56BC and paragraph 1.53). Similarly, for information not relating to a consumer the ACCC rules making powers requiring access and transfer are limited to information about the eligibility criteria, terms and conditions, or price of a product, other kind of good, or a service (See section 56BD and paragraph 1.53). Definition of CDR consumer During the first consultation a number of stakeholders noted that the definition of more broadly than ‘CDR consumer’ could apply intended. The definition has been revised so that a CDR consumer is an identifiable or reasonably identifiable person, including a small, medium or large business enterprise, to which the CDR data relates because of the supply of a good or service either to the person or an associate of the person (See section 56AF and paragraphs 1.55 to 1.65). Data reciprocity During consultation stakeholders requested further information about how reciprocity would operate within the CDR regime. Reciprocity will operates to allow the ACCC to write rules requiring data recipients to provide customers access to data, or the ability to request disclosure of data to accredited parties. Reciprocity will apply to: Equivalent data which is data included within a class in the designation instrument which has not been transferred within the CDR system and which is held by an accredited data recipient; and/or Received data: Data that recipients have received through the CDR.
Derived data - limiting the application of the CDR During the first consultation a number of stakeholders were concerned about the scope of the definition of CDR data and the requirement to share derived or value added data. While the definition of CDR data remains unchanged, a limitation on the ACCC’s rules making powers has been included in the Bill. Where the information relates to a consumer, the ACCC can only make consumer data rules which require access and transfer of information that is in the designation instrument (See section 56BC and paragraph 1.53). Similarly, for information not relating to a consumer the ACCC rules making powers requiring access and transfer are limited to information about the eligibility criteria, terms and conditions, or price of a product, other kind of good, or a service (See section 56BD and paragraph 1.53). Definition of CDR consumer During the first consultation a number of stakeholders noted that the definition of ‘CDR consumer’ could apply more broadly than intended. The definition has been revised so that a CDR consumer is an identifiable or reasonably identifiable person, including a small, medium or large business enterprise, to which the CDR data relates because of the supply of a good or service either to the person or an associate of the person (See section 56AF and paragraphs 1.55 to 1.65). Data reciprocity During consultation stakeholders requested further information about how reciprocity would operate within the CDR regime. Reciprocity will operates to allow the ACCC to write rules requiring data recipients to provide customers access to data, or the ability to request disclosure of data to accredited parties. Reciprocity will apply to: Equivalent data which is data included within a class in the designation instrument which has not been transferred within the CDR system and which is held by an accredited data recipient; and/or Received data: Data that recipients have received through the CDR.
Explanatory-Materials-Provisions-for-further-consultation-1.docx