Document ID: chunk:federal_register_of_legislation:F2024C01258:clause:4_4:p36
Version: federal_register_of_legislation:F2024C01258
Segment Type: clause
Provision Reference: sch 4 cl 4 (pt 36/75)
Character Range: 136953–139779

request is valid;
  the accredited person may request the accredited data recipient to disclose, to the accredited person, some or all of the CDR data that:
 (c) is the subject of the relevant collection consent, use consent and disclosure consent; and
 (d) can be collected, used and disclosed in compliance with the data minimisation principle.
Note: See rule 1.8 for the definition of the "data minimisation principle".
 (2) Such a request is a consumer data request by an accredited person to an accredited data recipient on behalf of a CDR consumer.
Note: An accredited person might need to make consumer data requests to several CDR participants in order to provide the goods or services requested by the CDR consumer, and might need to make regular consumer data requests over a period of time in order to provide those goods or services.

4.7B  Accredited data recipient may ask eligible CDR consumer for AP disclosure consent
 (1) This rule applies if:
 (a) an accredited data recipient receives, or reasonably anticipates receiving, a consumer data request under rule 4.7A; and
 (b) there is no current AP disclosure consent for the accredited data recipient to disclose the requested data to the person who made the request; and
 (c) the accredited data recipient reasonably believes that the request was or will be made by an accredited person on behalf of an eligible CDR consumer.
Note: See rule 1.7 for the meaning of "eligible".  See also:
                  for the banking sector—clause 2.1 of Schedule 3;
                  for the energy sector—clause 2.1 of Schedule 4.
 (2) The accredited data recipient may, in accordance with Division 4.3, ask the CDR consumer for such an AP disclosure consent.
Note: If the CDR consumer consents to the disclosure, the accredited data recipient is authorised (but not required) to disclose the requested CDR data to the accredited person: see paragraph 7.5(1)(h) and rules 7.6, 7.7 and 7.8.
 (3) If an accredited data recipient asks for an AP disclosure consent for the purposes of subrule (2), it must do so in accordance with Division 4.3.
Note: This subrule is a civil penalty provision (see rule 9.8).

Division 4.3—Giving and amending consents—accredited persons

Subdivision 4.3.1—Preliminary

4.8  Purpose of Division
  This Division deals with:
 (a) giving collection consents, use consents and disclosure consents to accredited persons; and
 (b) amending such consents; and
 (c) related matters.
Note: This Division does not cover collection consents for accredited persons to collect CDR data on behalf of CDR representatives; since those consents are given to the CDR representatives, they are covered by Division 4.3A.

4.9  Object
  The object of this Division is to ensure that a consent is:
 (a) voluntary; and
 (b) express; and
 (c) informed; and
 (d)