56BUCharging a fee in inappropriate circumstances when required to disclose CDR data

56BU Charging a fee in inappropriate circumstances when required to disclose CDR data

(1) A person contravenes this subsection if:

(a) the person is a CDR participant for CDR data; and

(b) the person is required under the consumer data rules to disclose all or part of the CDR data; and

(c) the person charges (or causes to be charged) a fee for either or both of the following matters:

(i) the disclosure (or a related disclosure by a designated gateway or other CDR participant for the CDR data);

(ii) the use of the CDR data as the result of the disclosure (or of that related disclosure); and

(d) subsection (2) or any of the following subparagraphs applies:

(i) the CDR data is fee‑free CDR data;

(ii) to the extent that the fee is charged for the disclosure of chargeable CDR data—the fee purports to cover a disclosure in circumstances that are not chargeable circumstances;

(iii) to the extent that the fee is charged for the use of chargeable CDR data—the fee purports to cover use in circumstances that are not chargeable circumstances.

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

(2) This subsection applies if:

(a) any fee (the reasonable fee):

(i) that has been determined under subsection 56BV(1) or (2) for the person; or

(ii) that can be worked out from a method determined under subsection 56BV(1) or (2) for the person;

covers either or both of the matters in paragraph (1)(c) of this section; and

(b) the portion of the fee charged as described in that paragraph for those matters exceeds the corresponding portion of the reasonable fee.