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COMPETITION AND CONSUMER ACT 2010 - SECT 56AJ

Meaning of data holder

             (1)  A person is a data holder , of CDR data, if:

                     (a)  the CDR data:

                              (i)  is information within a class of information specified, as described in paragraph 56AC(2)(a), in an instrument designating a sector under subsection 56AC(2) (the designation instrument ); or

                             (ii)  is directly or indirectly derived from information covered by subparagraph (i); and

                     (b)  the CDR data is held by (or on behalf of) the person on or after the earliest holding day specified in the designation instrument; and

                   (ba)  in the case of the CDR data beginning to be held by (or on behalf of) the person before that earliest holding day, the CDR data:

                              (i)  is of continuing use and relevance; and

                             (ii)  is not about the provision before that earliest holding day of a product or service by (or on behalf of) the person; and

                     (c)  the person is not a designated gateway for the CDR data; and

                     (d)  subsection (2), (3) or (4) applies to the person and the CDR data.

Note 1:       Geographical limitations may cause some information within a class specified as described in paragraph 56AC(2)(a) to be disregarded (see subsection 56AC(3)), which means it will not be CDR data.

Note 2:       For a product or service that the person began providing before the earliest holding day and continued providing after that day:

(a)    subparagraph (ba)(ii) means the person will not be the data holder of CDR data about the person's provision of the product or service before that day; but

(b)    the person will be the data holder of CDR data about the person's provision of the product or service on or after that day.

First case--person is also specified in the designation instrument

             (2)  This subsection applies to a person and CDR data if:

                     (a)  the person, or a class of persons to which the person belongs, is specified, as described in paragraph 56AC(2)(b), in the designation instrument as holding a class of information to which the CDR data belongs; and

                     (b)  neither the CDR data, nor any other CDR data from which it was directly or indirectly derived, was disclosed to the person under the consumer data rules.

Second case--reciprocity arising from the person being disclosed other CDR data under the consumer data rules

             (3)  This subsection applies to a person and CDR data if:

                     (a)  neither the CDR data, nor any other CDR data from which it was directly or indirectly derived, was disclosed to the person under the consumer data rules; and

                     (b)  the person is an accredited data recipient of other CDR data.

Note 1:       Paragraph (b) is referring to other CDR data not covered by paragraph (a).

Note 2:       The other CDR data referred to in paragraph (b) could be within a class of information specified in another instrument designating a different sector under subsection 56AC(2).

Third case--conditions in the consumer data rules are met

             (4)  This subsection applies to a person and CDR data if:

                     (a)  the person is an accredited person; and

                     (b)  the CDR data, or any other CDR data from which it was directly or indirectly derived, was disclosed to the person under the consumer data rules; and

                     (c)  the conditions specified in the consumer data rules are met.



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