56EGPrivacy safeguard 4—dealing with unsolicited CDR data from participants in CDR

56EG Privacy safeguard 4—dealing with unsolicited CDR data from participants in CDR

(1) A person must destroy CDR data as soon as practicable after collecting it if:

(a) the person (the collector) collected the CDR data while covered by column 1 of an item of the following table, and from a person covered by column 2 of that item; and

(b) the collector collected the CDR data:

(i) purportedly under the consumer data rules; but

(ii) not as the result of seeking to collect the CDR data under the consumer data rules; and

(c) the collector is not required to retain the CDR data by or under an Australian law or a court/tribunal order; and

(d) in the case where item 3 of the table applies, the circumstances specified in the consumer data rules do not apply.

• Dealing with unsolicited CDR data from participants in CDR
• Item Column 1A collector who: Column 2collects the CDR data from:
• 1 is an accredited person a CDR participant for the CDR data
• 2 as an accredited action initiator for a type of CDR action an action service provider for that type of CDR action
• 3 as an action service provider for a type of CDR action an accredited action initiator for that type of CDR action

Note: This subsection is a civil penalty provision (see section 56EU).

(2) Subsection (1) applies whether the collection is directly or indirectly from the person mentioned in column 2 of the table.

Example: For item 1 of the table, the collection could be from the CDR participant through a designated gateway (see section 56BG).