Document ID: chunk:federal_register_of_legislation:F2020L01688:clause:1_43
Version: federal_register_of_legislation:F2020L01688
Segment Type: clause
Provision Reference: sch 1 cl 43
Character Range: 31432–33891

43  At the end of Division 4.2
Add:

Subdivision 4.2.4—Consumer data requests by accredited persons to accredited data recipients

4.7A  Consumer data request by accredited person to accredited data recipient
 (1) If:
 (a) a CDR consumer has given an accredited person a request under rule 4.3 to seek to collect CDR data from an accredited data recipient; and
 (b) the 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 and use consent; and
 (d) it is able to collect and use 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 subrule 1.7(1) for the meaning of "eligible". For the banking sector, see clause 2.1 of Schedule 3 for when a CDR consumer is eligible.
 (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)(f) 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).