Document ID: chunk:federal_register_of_legislation:C2019A00063:clause:1_56aj:p1
Version: federal_register_of_legislation:C2019A00063
Segment Type: clause
Provision Reference: sch 1 cl 56AJ (pt 1/2)
Character Range: 16102–18722

56AJ  Meaning of data holder
 (1) A person is a data holder, of CDR data, if:
 (a) the CDR data:
 (i) is information within a class of information specified, as described in paragraph 56AC(2)(a), in an instrument designating a sector under subsection 56AC(2) (the designation instrument); or
 (ii) is directly or indirectly derived from information covered by subparagraph (i); and
 (b) the CDR data is held by (or on behalf of) the person, and began to be so held on or after the earliest holding day specified in the designation instrument; and
 (c) the person is not a designated gateway for the CDR data; and
 (d) subsection (2), (3) or (4) applies to the person and the CDR data.
Note 1: Geographical limitations may cause some information within a class specified as described in paragraph 56AC(2)(a) to be disregarded (see subsection 56AC(3)), which means it will not be CDR data.
Note 2: If the person begins holding the CDR data before the earliest holding day, the person:
(a) will not be a data holder of the CDR data; and
(b) will not be required to disclose it under the consumer data rules.

First case—person is also specified in the designation instrument
 (2) This subsection applies to a person and CDR data if:
 (a) the person, or a class of persons to which the person belongs, is specified, as described in paragraph 56AC(2)(b), in the designation instrument as holding a class of information to which the CDR data belongs; and
 (b) neither the CDR data, nor any other CDR data from which it was directly or indirectly derived, was disclosed to the person under the consumer data rules.

Second case—reciprocity arising from the person being disclosed other CDR data under the consumer data rules
 (3) This subsection applies to a person and CDR data if:
 (a) neither the CDR data, nor any other CDR data from which it was directly or indirectly derived, was disclosed to the person under the consumer data rules; and
 (b) the person is an accredited data recipient of other CDR data.
Note 1: Paragraph (b) is referring to other CDR data not covered by paragraph (a).
Note 2: The other CDR data referred to in paragraph (b) could be within a class of information specified in another instrument designating a different sector under subsection 56AC(2).

Third case—conditions in the consumer data rules are met
 (4) This subsection applies to a person and CDR data if:
 (a) the person is an accredited person; and
 (b) the CDR data, or any other CDR data from which it was directly or indirectly derived, was disclosed to the person under the consumer data rules; and
 (c) the conditions specified in