CX Guidelines

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(1) An accredited person may invite a CDR consumer to amend a consent given in accordance with this Division only in accordance with this rule.

CDR Rule 4.12B(1)

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(2) The accredited person may give the invitation: (a) if its consumer dashboard offers the consent amendment functionality referred to in subrule 1.14(2A)―via its consumer dashboard; or (b) in writing directly to the CDR consumer.

CDR Rule 4.12B(2)

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(3) The accredited person may invite a CDR consumer to amend a current consent if: (a) the amendment would better enable the accredited person to provide the goods or services referred to in paragraph 4.3(1)(a); or (b) the amendment would: (i) be consequential to an agreement between the accredited person and the CDR consumer to modify those goods or services; and (ii) enable the accredited person to provide the modified goods or services.

CDR Rule 4.12B(3)

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(4) The accredited person must not, for an invitation to amend the period referred to in paragraph 4.11(1)(b): (a) give the invitation any earlier than a reasonable period before the current consent is expected to expire;

CDR Rule 4.12B(4)(a)

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(4) The accredited person must not, for an invitation to amend the period referred to in paragraph 4.11(1)(b): (b) give more than a reasonable number of such invitations within this period.

CDR Rule 4.12B(4)(b)

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(1) Subject to this rule, if an accredited person allows CDR consumers to amend consents, it must allow them to do so in the same manner that it asks for CDR consumers to give consents. Example: If an accredited person asks a CDR consumer who gave a consent as a CDR business consumer to amend a consent of a kind mentioned in paragraph 1.10A(10)(a), the accredited person must invite the CDR consumer to provide a further business consumer statement: see paragraph 4.11(1)(bb).

CDR Rule 4.12C(1)

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(3) An accredited person must not ask for a consent: (a) that is not in a category of consents; or (b) subject to subrule (4), for using the CDR data, including by aggregating the data, for the purpose of: (i) identifying; or (ii) compiling insights in relation to; or (iii) building a profile in relation to; any identifiable person who is not the CDR consumer who made the consumer data request. (4) Paragraph (3)(b) does not apply in relation to a person whose identity is readily apparent from the CDR data, if the accredited person is seeking consent to: (a) derive, from that CDR data, CDR data about that person’s interactions with the CDR consumer; and (b) use that derived CDR data in order to provide the requested goods or services.

CDR Rule 4.12(3), (4)

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(1) An accredited person’s processes for asking a CDR consumer to give or amend a consent: (a) must: (i) accord with any relevant data standards; (ii) having regard to any consumer experience guidelines developed by the Data Standards Body, be as easy to understand as practicable, including by use of concise language and, where appropriate, visual aids;

CDR Rule 4.10(1)(a)

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(1) An accredited person’s processes for asking a CDR consumer to give or amend a consent: (b) must not: (i) include or refer to the accredited person’s CDR policy or other documents so as to reduce comprehensibility; or (ii) bundle consents with other directions, permissions, consents or agreements.

CDR Rule 4.10(1)(b)

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(3) When asking a CDR consumer to give consent, the accredited person must give the CDR consumer the following information: (a) its name; (b) its accreditation number;

CDR Rule 4.11(3)(a), (b)

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(3) When asking a CDR consumer to give consent, the accredited person must give the CDR consumer the following information: (c) in the case of a collection consent or a use consent―how the collection or use (as applicable) indicated in accordance with subrule (1) complies with the data minimisation principle, including how: (i) in the case of a collection consent―that collection is reasonably needed, and relates to no longer a time period than is reasonably needed; and (ii) in the case of a use consent―that use would not go beyond what is reasonably needed; in order to provide the requested goods or services to the CDR consumer or make the other uses consented to;

CDR Rule 4.11(3)(c) | OAIC Chapter C: Consent (Data minimisation principle) | CX Research 1, 3

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(1) When asking a CDR consumer to give a consent, an accredited person must: (a) allow the CDR consumer to choose the types of CDR data to which the consent will apply by enabling the CDR consumer to actively select or otherwise clearly indicate: (ii) in the case of a use consent―the specific uses of collected data to which they are consenting;

CDR Rule 4.11(1)(a)(ii) | CX Research 2, 6

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(3) In the case of an amendment to a consent, in addition to the information referred to in subrule 4.11(3), the accredited person must give the CDR consumer: (a) a statement that indicates the consequences of amending a consent; and (b) a statement that the accredited person will be able to continue to use any CDR data that has already been disclosed to it to the extent allowed by the amended consent.

CDR Rule 4.12C(3)(a), (b)

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(1) When asking a CDR consumer to give a consent, an accredited person must: (a) allow the CDR consumer to choose the types of CDR data to which the consent will apply by enabling the CDR consumer to actively select or otherwise clearly indicate: (i) in the case of a collection consent or a disclosure consent―the particular types of CDR data to which the consent will apply;

CDR Rule 4.11(1)(a)(i)

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(2) The accredited person must not present pre-selected options to the CDR consumer for the purposes of subrule (1).

CDR Rule 4.11(2)

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(1) The Data Standards Chair must make one or more data standards about each of the following: (d) the types of CDR data and descriptions of those types, to be used by CDR participants in making and responding to requests;

CDR Rule 8.11(1)(d)

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(2) Despite subrule 4.11(2), in the case of an amendment to a consent, an accredited person may present, as pre-selected options, the following details of the current consent: (a) the selections or indications referred to in paragraphs 4.11(1)(a), (b) and (ba); (b) the election (if any) referred to in paragraph 4.11(1)(e).

4.12C(2)(a),(b)

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(1) When asking a CDR consumer to give a consent, an accredited person must: (b) allow the CDR consumer to choose the period of the collection consent, use consent, or disclosure consent (as appropriate) by enabling the CDR consumer to actively select or otherwise clearly indicate whether the consent would apply: (i) on a single occasion; or (ii) over a specified period of time; Note 2: For paragraph (b), the specified period may not be more than 12 months: see subrule 4.12(1). After the end of the period, redundant data would need to be dealt with in accordance with subsection 56EO(2) of the Act (privacy safeguard 12) and rules 7.12 and 7.13.

CDR Rule 4.11(1)(b), Note 2 | CX Research 4, 5

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(1) Subject to subrule (1A), an accredited person must not specify a period of time for the purposes of paragraph 4.11(1)(b) that is more than 12 months.

CDR Rule 4.12(1) | CX Research 4, 5

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(3) When asking a CDR consumer to give consent, the accredited person must give the CDR consumer the following information: (g) the following information about withdrawal of consents: (ii) instructions for how the consent can be withdrawn;

CDR Rule 4.11(3)(g)(ii) | CX Research 7

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(3) When asking a CDR consumer to give consent, the accredited person must give the CDR consumer the following information: (g) the following information about withdrawal of consents: (i) a statement that, at any time, the consent can be withdrawn; (iii) a statement indicating the consequences (if any) to the CDR consumer if they withdraw the consent;

CDR Rule 4.11(3)(g)(i), (iii) | CX Research 7, 32

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(1) A CDR consumer who has given a consent to an accredited person for the purposes of this Division may withdraw the consent at any time: (a) by using the accredited person’s consumer dashboard;

CDR Rule 4.13(1)(a)

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(1) A CDR consumer who has given a consent to an accredited person for the purposes of this Division may withdraw the consent at any time: (b) by using a simple alternative method of communication to be made available by the accredited person for that purpose.

CDR Rule 4.13(1)(b)

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(3) When asking a CDR consumer to give consent, the accredited person must give the CDR consumer the following information: (h) the following information about redundant data: (i) a statement, in accordance with rule 4.17, regarding the accredited person’s intended treatment of redundant data;

CDR Rule 4.11(3)(h)(i)

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(1) For subparagraph 4.11(3)(h)(i), the accredited person must state whether they have a general policy, when collected CDR data becomes redundant data, of: (a) deleting the redundant data; or (b) de-identifying the redundant data; or (c) deciding, when the CDR data becomes redundant data, whether to delete it or de-identify it.

CDR Rule 4.17(1) | CX Research 18

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For these rules, the CDR data deletion process in relation to a person that holds CDR data that is to be deleted consists of the following steps: (a) delete, to the extent reasonably practicable, that CDR data and any copies of that CDR data; (b) make a record to evidence the deletion; and (c) where another person holds the CDR data on its behalf and will perform those steps—direct that person to notify it when those steps have been performed.

CDR Rule 1.18

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(4) In addition to the information referred to in subsection 56ED(5) of the Act, an accredited data recipient’s CDR policy must: (f) include the following information about deletion of redundant CDR data: (i) when it deletes redundant data; (ii) how a CDR consumer may elect for this to happen; (iii) how it deletes redundant data;

CDR Rule 7.2(4)(k)

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(1) When asking a CDR consumer to give a consent, an accredited person must: (c) ask for the CDR consumer’s express consent to the choices referred to in paragraphs (a), (b) and (ba) for each relevant category of consents;

CDR Rule 4.11(1)(c)

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(4) A CDR receipt must be given in writing otherwise than through the CDR consumer’s consumer dashboard.

CDR Rule 4.18(4)

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(1) An accredited person must give the CDR consumer a notice that complies with this rule (a CDR receipt) as soon as practicable after: (aa) the CDR consumer amends such a consent in accordance with this Division;

CDR Rule 4.18(1)(aa)

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(2A) A CDR receipt given for the purposes of paragraph (1)(aa) must set out details of each amendment that has been made to the consent.

CDR Rule 4.18(2A)

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Data Recipients and Data Holders MUST use data language standards to describe data clusters and permissions in consumer-facing interactions. See the Banking Language section for language to be used when requesting banking data; and the Energy Language section for language to be used when requesting energy data. Data language standards MUST be used when CDR data is being requested, reviewed, or access to such data is withdrawn. Data Recipients and Data Holders MUST use the appropriate data standards language for business consumers as denoted with an '*' for the relevant data. Data Recipients and Data Holders SHOULD expand on the proposed language where appropriate to communicate further details of what is being shared. Additional details MAY include additional information in context, such as in-line help or tool tips, and/or additional permissions where they may exist. Examples of permission details that MAY be used and provided as in-line help are denoted with an '†' for the relevant data.

Data Language Standards, Data Language Standards: Language to be used

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If a scenario requires it, Data Holders and Data Recipients MUST merge and amend Basic and Detailed data cluster and permission language to show that Detailed scopes include Basic data. Data Holders and Data Recipients MUST use the alternative language denoted with an '‡' for the relevant scope(s). See the Banking Language section for banking data and the Energy Language section for energy data. Example: A Data Recipient presents the Detailed data cluster in a data request to a consumer, but does not present the Basic data cluster. The Detailed scope includes Basic data, but this is not apparent to the consumer based on the data cluster language and permissions used for the Detailed scope.

Data Language Standards, Data Language Standards: Detailed scope requests

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Data recipients MUST notify consumers of redirection prior to authentication.

Consent Standards, Consent: Redirection

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Data recipients should present the realised benefits of data sharing as part of amending consent requests so consumers can assess the material value of providing consent.

CX Research 33

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Data recipients should communicate that consent will expire if request is not actioned.

CX Research 35

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Data recipients should outline the consequences of not continuing to consent - such as service or data loss. This should include information about how data will be handled if re-consent is not provided.

CX Research 38

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Data recipients should provide multiple reminders to warn consumers that their consent is about to expire. Such reminders should not be sent at unnecessarily high frequencies so as to cause notification fatigue.

CX Research 34

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Data recipients should provide a clear ‘withdraw consent’ option in addition to allowing expiry by default.

CX Research 37

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Data recipients should provide the cdr_arrangement_id of the consent to the data holder as part of the amendment process. This will provide consumers with a streamlined authorisation experience as required in the amending authorisation standards.

Amending Authorisation Standards

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Data recipients should also include a link to their specific page on www.cdr.gov.au/find-a-provider for accreditation verification purposes.

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Data recipients will need to explain how the time period complies with the data minimisation principle (DMP). This is required for data that is yet to be generated (e.g. for an ongoing consent) as well as historical data (e.g. for collection on a 'single occasion'). Example DMP statement for data that is yet to be generated: We need to collect and use your data for 12 months so [we can update your financial position in real-time] to [deliver accurate and tailored personal financial management]. Example DMP statement for historical data: We need to collect the last 12 months of your data so [we can assess seasonal changes] to [provide an accurate energy comparison].

CDR Rule 4.11(3)(c) | OAIC Chapter C: Consent (Data minimisation principle) | CX Research 1, 3

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Data recipients should present purpose in relation to each data cluster unless this statement applies equally to all datasets. If the statement applies equally to all datasets, data recipients should present this to the consumer clearly in relation to all of the datasets. This information should clearly communicate the purposes and benefits of data sharing to the consumer

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ADRs should present attributes to be amended in a way that is clearly distinct to attributes that have already been consented to. This may require specific design patterns and/or the use of signifiers, such as 'new' labels, to denote the change being requested.

Amending Authorisation Standards, Authorisation: Changing Attributes

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Data recipients should make the consent process as easy to understand as possible. Data recipients should nudge consumers to be more privacy conscious and should use appropriate interventions to mitigate cognitive overload, facilitate comprehension, and provide transparency and consumer control. This can be done in a variety of ways, including through the use of design patterns like progressive disclosure, micro and/or descriptive copy, and with the use of microinteractions.

CX Research 8, 19

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Data recipients should outline how often data is expected to be collected over that period.

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Most research participants expected their data to be deleted when sharing was withdrawn or expired. Data recipients can avoid the election step within the consent flow if they have general policy of deletion. If data recipients need to include this in-flow election, they should allow the consumer to elect that they ‘remember’ their preference for subsequent requests.

CX Research 18

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Amendments to collection duration or dataset collection require data holder authentication and authorisation. Amendments to disclosure consents, use consents, including adding/removing uses or amending disclosure and/or use durations, do not require data holder authentication and authorisation.

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Data recipients should surface information about data deletion found in their CDR policy along with a link to read this policy.

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Data recipient should include their CDR policy in their CDR receipts.

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Data holders and data recipients MUST state in consumer-facing interactions and communications that services utilising the CDR do not need access to consumer passwords for the purposes of sharing data. The exact phrasing of this is at the discretion of the Data Holder and Data Recipient.

Authentication Standards, Authentication: Passwords | CX Research 21

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Data holders and data recipients MUST clearly refer to a “One Time Password” in consumer-facing interactions and communications. The use of the term “One Time Password” MAY be presented alongside an existing term used by a data holder (e.g. Netcode, one time pin etc.).

Authentication Standards, Authentication: ‘One Time Password’ (OTP) | CX Research 10

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Data recipients are encouraged to provide information in relation to complaint handling at appropriate points throughout the Consent Model, such as during Pre-consent; within the Consent Flow; and/or within the CDR Receipt and/or Consumer Dashboards.

CX Research: Phase 3 Round 8; 2021 Disclosure Consent report

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Data recipients should surface information about the data deletion process: • when data will be deleted; • why data may need to be retained (e.g. business or legal reasons); • how the data will be deleted, this may include timeframes.

CDR Rule 7.2(4)(k) | CX Research: 2020 Phase 3, Round 3 report; 2021 Disclosure Consent report

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CX research suggested that further information on data handling, including from government sources, can aid comprehension and confidence for Sceptics, Assurance Seekers and Sensemakers. Based on these insights, data recipients are encouraged to provide a link to OAIC’s guidance on Privacy Safeguard 12, which outlines information on data security and redundant data handling.

CDR Privacy Safeguard Guidelines: Privacy Safeguard 12 | CX Research: 2021 Disclosure Consent report

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(1A) In the case of a consent given by a CDR business consumer that includes a business consumer statement, an accredited person must: (a) not specify a period of time that is more than 7 years; and (b) if specifying a period of time of more than 12 months, give the CDR business consumer the option of choosing a period for the consent of 12 months or less.

CDR Rule 4.12(1A)

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CDR Representatives inviting consumers to amend their consent should refer to Subdivision 4.3A.3 of the CDR Rules.

Subdivision 4.3A.3

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Data recipients should include information about data sharing with the CDR.

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