Competition and Consumer (Consumer Data Right) Amendment Rules (No. 3) 2020
69Subrules 9.3(1) and (2)
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69 Subrules 9.3(1) and (2)
Repeal the subrules, substitute:
Records to be kept and maintained—data holder
(1) A data holder must keep and maintain records that record and explain the following:
(a) authorisations given by CDR consumers to disclose CDR data;
(b) amendments to or withdrawals of authorisations to disclose CDR data;
(c) notifications of withdrawals of consents to collect CDR data;
(d) disclosures of CDR data made in response to consumer data requests;
(da) any written agreement of a kind referred to in subrule 2.4(5) the data holder has entered into;
(e) instances where the data holder has refused to disclose requested CDR data and the rule or data standard relied upon to refuse to disclose the CDR data;
(f) CDR complaint data;
(g) the processes by which the data holder asks CDR consumers for their authorisation to disclose CDR data and for an amendment to their authorisation, including a video of each process.
Records to be kept and maintained—accredited data recipient
(2) An accredited data recipient must keep and maintain records that record and explain the following:
(a) all consents, including, if applicable, the uses of the CDR data that the CDR consumer has consented to under any use consents;
(b) amendments to or withdrawals of consents by CDR consumers;
(c) notifications of withdrawals of authorisations received from data holders;
(d) CDR complaint data;
(e) collections of CDR data under these rules;
(ea) disclosures of CDR data to accredited persons under these rules, and the accredited persons to which any CDR data was disclosed;
(f) elections to delete and withdrawals of those elections;
(g) the use of CDR data by the accredited data recipient;
(h) the processes by which the accredited data recipient asks CDR consumers for their consent and for an amendment to their consent, including a video of each process;
(i) if applicable:
(i) arrangements that may result in CDR data being collected by or disclosed to outsourced service providers, including copies of agreements with outsourced service providers; and
(ii) the use and management of CDR data by those providers;
(j) if CDR data was de-identified in accordance with a consent referred to in paragraph 4.11(3)(e):
(i) how the data was de‑identified; and
(ii) how the accredited data recipient used the de‑identified data; and
(iii) if the accredited data recipient disclosed (by sale or otherwise) the de‑identified data to another person as referred to in paragraph 4.15(b):