Section 56EG — Competition and Consumer Act 2010 (Cth)

(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 1

A collector who:

Column 2

collects 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).

Related sections

• s 56ED — Privacy safeguard 1—open and transparent management of CDR data
• s 56EE — Privacy safeguard 2—anonymity and pseudonymity
• s 56EF — Privacy safeguard 3—soliciting CDR data from participants under the consumer data rules
• s 56EH — Privacy safeguard 5—notifying of the collection of CDR data
• s 56EI — Privacy safeguard 6—use or disclosure of CDR data by accredited data recipients or designated gateways
• s 56EJ — Privacy safeguard 7—use or disclosure of CDR data for direct marketing by accredited data recipients or designated gateways

Research how courts apply s 56EG

BriefBridge searches Australian caselaw by meaning — every answer cited to the paragraph.