Document ID: chunk:federal_register_of_legislation:F2024C01258:clause:4_4:p20
Version: federal_register_of_legislation:F2024C01258
Segment Type: clause
Provision Reference: sch 4 cl 4 (pt 20/75)
Character Range: 97766–100364

of otherwise redundant data that is not to be deleted
 (1) Where the accredited data recipient has identified CDR data as redundant, it must identify whether any of the following provisions of the Act apply to the CDR data:
 (a) paragraphs 56BAA(2)(a), (b) or (c) of the Act (deletion request by consumer);
 (b) paragraphs 56EO(2)(b) or (c) of the Act (privacy safeguard 12).
 (2) Where one of those provisions applies, the accredited person must retain the CDR data while that provision applies.
 (3) For the purposes of paragraph 56BAA(2)(c) of the Act, in relation to CDR data of a CDR consumer, the person may:
 (a) request the CDR consumer to state whether or not proceedings of the kind mentioned in that paragraph are current or anticipated; and
 (b) rely on that statement.

1.18  CDR data deletion process
  For these rules, the CDR data deletion process in relation to a person that holds CDR data that is to be deleted consists of the following steps:
 (a) delete, to the extent reasonably practicable, that CDR data and any copies of that CDR data;
 (b) make a record to evidence the deletion; and
 (c) where another person holds the CDR data on its behalf and will perform those steps—direct that person to notify it when those steps have been performed.
Note: The CDR data deletion process is to be followed whenever these rules require a person to delete CDR data.

Division 1.5—Application of rules in relation to SR data
Note: The effect of this Division is that, from the point of view of a CDR consumer or an accredited person, the primary data holder for SR data is treated as if it were the relevant data holder: consumer data requests for the SR data are made to it; authorisations for disclosure are made to it; it is the entity that discloses or refuses to disclose the requested data; any complaints are made to it; it keeps the records that the CDR consumer can request under rule 9.5.

1.19  Eligible CDR consumers in relation to secondary data holders
  If a CDR consumer is eligible to make or initiate a consumer data request to a primary data holder for SR data, the CDR consumer is not also eligible to make or initiate a consumer data request for that data to the secondary data holder.
Note: As a result of this rule, a secondary data holder that only holds SR data is not required to provide request services under rule 1.13; however, it will be required to provide a service under subrule 1.20(2).

1.20  Consumer data request service—primary data holders and secondary data holders

Primary data holders
 (1) Rule 1.13 (consumer data request service) applies in