Consultation overview

The government has decided to establish a consumer data right (CDR) in New Zealand. This will give individuals and businesses greater choice and control over their data.

The draft 'Customer and Product Data Bill' aims to unlock the value of data for people and their businesses by:

  • improving customers access and control of their own data
  • standardising how data is exchanged
  • ensuring those who request access to data are accredited as trustworthy.

The Consumer Data Right team asked for submissions on their discussion paper about the draft law, 'Unlocking value from our customer data: A draft law to set standards and safeguards for customer and product data exchange'. We provided feedback to them on behalf of NZ's small electricity consumers.

Consumer Data Right(external link)

Our recommendations

In our feedback on the discussion paper, we noted:

  • we have some concerns about the reliance on Privacy Act protections, and recommend safeguards should be better aligned with the Australian CDR
  • we consider a maximum duration for customer consent should be included, and that processes for management of ongoing consent must be based on an ‘opt in’ approach
  • regulations should specify timeframes within which providers must act on requests from a customer to withdraw consent, and penalties must apply for failure to comply with specified timeframes
  • consideration should be given to how consumer participation in the development of standards will be supported. Consultation processes must ensure consumers are able to participate and that their views are represented
  • the suggested timeframe for keeping records should be 7 years rather than 5, to make it consistent with requirements for the retention of financial records
  • our recommendation that membership of a free and independent dispute resolution scheme should be a requirement for accreditation.