Document ID: chunk:federal_register_of_legislation:F2024C01258:clause:4_4:p48
Version: federal_register_of_legislation:F2024C01258
Segment Type: clause
Provision Reference: sch 4 cl 4 (pt 48/75)
Character Range: 167112–169705

a request for direct marketing or de-identification consent).

4.20E  Asking CDR consumer to give consent
 (1) When asking a CDR consumer to give a consent, a CDR representative must:
 (a) in the case of a collection consent or a disclosure consent—either:
 (i) allow the CDR consumer to actively select or otherwise clearly indicate the particular types of CDR data to which the consent will apply; or
 (ii) seek the CDR consumer's agreement to the particular types of CDR data (as presented to the CDR consumer) to which the consent will apply; and
 (aa) in the case of a use consent—either:
 (i) allow the CDR consumer to actively select or otherwise clearly indicate the specific uses of collected data to which the consent will apply; or
 (ii) seek the CDR consumer's agreement to the specific uses of collected data (as presented to the CDR consumer) to which the consent will apply; and
 (b) in relation to the period of the collection consent, use consent, or disclosure consent (as appropriate)—either:
 (i) allow the CDR consumer to actively select or otherwise clearly indicate the period of consent; or
 (ii) seek the CDR consumer's agreement to the period of consent (as presented to the CDR consumer) to which the consent will apply;
  where the period of consent is either:
 (iii) a single occasion; or
 (iv) a specified period of time; and
 (c) in the case of a disclosure consent―either:
 (i) allow the CDR consumer to actively select or otherwise clearly indicate the person to whom the CDR data may be disclosed; or
 (ii) seek the CDR consumer's agreement to the persons (as presented to the CDR consumer) to whom the CDR data may be disclosed; and
 (d) seek the CDR consumer's express consent to the matters referred to in paragraphs (a), (aa), (b) and (c) for each relevant category of consents; and
 (e) if the CDR representative intends to charge a fee for disclosure of CDR data, or pass on to the CDR consumer a fee charged by a data holder or accredited person for disclosure of CDR data:
 (i) clearly distinguish between the CDR data for which a fee will, and will not, be charged or passed on; and
 (ii) allow the CDR consumer to clearly indicate whether they consent to the collection or disclosure, as appropriate, of the CDR data for which a fee will be charged or passed on; and
 (f) allow the CDR consumer to make an election in relation to deletion of redundant data in accordance with rule 4.20M.
Note 1: A CDR representative cannot infer consent, or seek to rely on an implied consent.
Note 2: For paragraph (b), the specified period may not be more than 12