CX Guidelines

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Note 1: An accredited person might need to make consumer data requests to several CDR participants in order to provide the goods or services requested by the CDR consumer, and might need to make regular consumer data requests over a period of time in order to provide those goods or services. Note 2: These rules will progressively permit consumer data requests to be made in relation to CDR data held by a broader range of data holders within the banking sector, and in relation to a broader range of CDR data, according to the timetable set out in Part 6 of Schedule 3.

CDR Rule 4.4(2)(Note 1), (Note 2)

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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; and (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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(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) 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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(2) An accredited person must not ask for a collection consent or a use consent unless it would comply with the data minimisation principle in respect of that collection or those uses.

CDR Rule 4.12(2) | 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: (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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(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 (or 7 years for certain consents by a CDR business consumer): 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: (k) 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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(1) An accredited person must give the CDR consumer a notice that complies with this rule (a CDR receipt) as soon as practicable after: (a) the CDR consumer gives the accredited person a collection consent, a use consent or a disclosure consent;

CDR Rule 4.18(1)(a)

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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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(2) A CDR receipt given for the purposes of paragraph (1)(a) must set out: (a) the details that relate to the consent that are listed in paragraphs 1.14(3)(a) to (f); and (b) in the case of a collection consent―the name of each CDR participant the CDR consumer has consented to the collection of CDR data from; and (c) any other information the accredited person provided to the CDR consumer when obtaining the consent (see rule 4.11).

CDR Rule 4.18(2)(a), (b), (c)

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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: Common, 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: Common, 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 may choose to present data holder selection screens before or after the data request occurs.

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Data recipients should make the data holder list searchable if the number of data holders exceeds what can be displayed on the screen.

10 Usability Heuristics for User Interface Design: Flexibility and efficiency of use (Nielsen)

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Data recipients should list data holders in an easily scannable way. This can be done alphabetically or contextually (for example, starting with popular data holders).

10 Usability Heuristics for User Interface Design: Flexibility and efficiency of use (Nielsen)

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Data recipients should refer to data holder brand names in the provider selection list.

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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 identify whether a consumer is an individual or business consumer in order to surface the correct data language.

CX of error handling workshop

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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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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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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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In addition to providing withdrawal instructions, data recipients should provide instructions for how to review sharing arrangements.

CX Research 20

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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 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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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: 2020 Phase 3 Round 8; 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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Data recipients should include information about data sharing with the CDR.

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Data recipients MUST notify consumers of redirection prior to authentication.

Consent Standards, Consent: Redirection

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