56BOMisleading or deceptive conduct—civil penalty

56BO Misleading or deceptive conduct—civil penalty

(1) A person must not engage in conduct that misleads or deceives, or is likely to mislead or deceive, another person (the second person) into believing that:

(a) a person is a CDR consumer for CDR data; or

(b) a person is making a valid request or consent, or has satisfied other criteria, for the disclosure of CDR data under the consumer data rules; or

(c) a person is a CDR consumer for a CDR action; or

(d) a person has satisfied any criteria under the consumer data rules for:

(i) the making of a request; or

(ii) the giving of a valid instruction; or

(iii) the processing of a valid instruction;

for the performance of a CDR action.

Note 1: The person mentioned in paragraph (a), (b), (c) or (d) could be the first‑mentioned person, the second person or a third person.

Note 2: For enforcement, see Part VI (including section 76 for an order for payment of a pecuniary penalty).

Defence

(2) Subsection (1) does not apply if the conduct is not misleading or deceptive in a material particular.

(3) A person who wishes to rely on subsection (2) bears the burden of adducing or pointing to evidence that suggests a reasonable possibility that the conduct is not misleading or deceptive in a material particular.