Recommendation 5.3

A new Consumer Data Right

All holders of consumer data should include in their privacy policies, terms and conditions, or on their websites a list of parties to whom consumer data has been traded or otherwise disclosed over the past 12 months.

On the windup of an entity that holds consumer data, consumers should be informed if data to which they hold a joint right has been traded or transferred to another entity. For businesses entering formal insolvency processes, insolvency practitioners should ensure consumers have been informed. For businesses closing but not in insolvency proceedings, the entity acquiring consumer data should inform consumers of this fact and give them the opportunity for data collection to cease.

Government response: 

The Government agrees in principle to this recommendation.

The Privacy Act 1988 already requires entities to be transparent about how they handle personal information. The OAIC will undertake work to raise awareness of entities’ existing transparency responsibilities.