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Consumer Data Right rules—expansion to the telecommunications sector and other operational enhancements

The Privacy Law Committee of the Business Law Section (the Committee) provided a submission to Treasury in relation the Consumer Data Right (CDR) rules—expansion to the telecommunications sector and other operational enhancements. The Committee is pleased to provide the following comments and observations.

  1. Members of the Committee note that organisations generally welcome the more descriptive and comprehensive standards of compliance provided for under the legally binding consumer privacy rights and obligations in the 13 CDR Privacy Safeguards.  There is no in-principle objection to the proposed extension of the CDR regime provided there is no diminution in the standards of compliance required.
  2. The Committee also notes that many of the issues raised by the proposed changes tend to raise technical or operational issues, hence the legal issues tend to arise at implementation.  The Committee understands that the uptake has been relatively low, hence the limited scope to test the variety of legal issues that may arise.
  3. The key legal concern remains the fragmentation of the legal framework applicable to the protection of data, including personal data.  The Committee is mindful that the pending reform to the Privacy Act 1988 (Cth), amongst other things, presents an opportunity to harmonise the various regimes.  This would be most welcome. 

Last Updated on 30/08/2024

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