AGL recently responded to the Australian Competition & Consumer Commission’s (ACCC) consultation on the Consumer Data Right (CDR) Rules amendments.

The ACCC consultation proposes a range of expansions to the CDR regime that have not been tested against and therefore may result in negative and unintended consequences for consumers regarding their consents and protections provided for under the CDR legislation and current version of the CDR Rules.

These expansions include:

• Three new models for tiered accreditation which focuses on greater access to data by businesses
• New arrangements for data flows, including sharing data outside the CDR ecosystem (which will not afford consumers the CDR protections such as the right to deletion)
• New consent flows including disclosure of insights and for research purposes.

An update to the previous Privacy Impact Assessment (PIA) completed by Maddocks accompanies the proposed amendments. In this PIA, Maddocks identifies significant risks to consumers including reduction of comprehension, engagement and trust in the CDR regime.

The CDR regime is meant to be founded on concepts of strong authentication, consumer control, trust and understanding to ensure consumers remain fully informed and at the centre of all transactions. The proposed CDR Rules amendments shift that foundation towards easier access and freer flows of consumers’ data between businesses. We strongly encourage the ACCC to carry out analysis on consumer impacts and risks before proceeding with amending the CDR Rules.

You can read our full submission here.