Section 56EO — Competition and Consumer Act 2010: Privacy safeguard 12—security of CDR data, and destruction or de-identification of redundant CDR data

(1) Each person (a CDR entity) who is: (a) an accredited data recipient of CDR data; or (b) a designated gateway for CDR data; must take the steps specified in the consumer data rules to protect the CDR data from: (c) misuse, interference and loss; and (d) unauthorised access, modification or disclosure. Note: This subsection is a civil penalty provision (see section 56EU). (2) If: (a) the CDR entity no longer needs any of that CDR data for either of the following purposes (the redundant data): (i) a purpose permitted under the consumer data rules; (ii) a purpose for which the person is able to use or disclose it in accordance with this Division; and (b) the CDR entity is not required to retain the redundant data by or under an Australian law or a court/tribunal order; and (c) the redundant data does not relate to any current or anticipated: (i) legal proceedings; or (ii) dispute resolution proceedings; to which the CDR entity is a party; the CDR entity must take the steps specified in the consumer data rules to destroy the redundant data or to ensure that the redundant data is de-identified. Note 1: This subsection is a civil penalty provision (see section 56EU). Note 2: Australian Privacy Principle 11 will not apply for paragraph (b) (see paragraph 56EC(4)(a) or (d)).