ACCC opens up draft CDR banking rules
It may take consumers as long as ten days to reach second base in a quest to switch their bank account to a new provider, new guidance on the governance of "open banking" reforms show.Banks and fintechs counting on this reform to supercharge their business will have this long to supply complete copies of account records "relating to the information" about a person and for the benefit of the person who asks for them. This access must be "free of charge" and conform to the agreed data standards and thus make it simple for the receiving bank to use the data, a much anticipated draft set of rules relating to the data rights makes clear.On Friday, the ACCC released the draft rules for the newfangled Consumer Data Right (CDR) and is seeking feedback on the rules by 10 May 2019.The CDR, in theory, "will allow consumers to easily obtain access to their banking data and have it transferred to service providers who they trust".While commencing in the banking sector with a pilot in a few months, and intended to be underway more broadly by early 2020, consumer data rights will eventually apply across a range of sectors.Progress on open banking in Australia is subject delay thanks to the parliamentary tameable and the political cycle.The Treasury Laws Amendment (Consumer Data Right) Bill 2019 was introduced into the House of Representatives on 13 February 2019. It is likely to be taken up in the Senate this week, with barely any time in practice for the bill to become law before the parliament dissolves for a May election."We know there are a number of privacy advocates, consumer organisations and others who will be very interested to see these draft rules, and we welcome views," ACCC Commissioner Sarah Court said. A raft of compliance tasks are set out in the rules, such as a need to frequently remind consumers that even "while a consent to collect particular data is current, the [bank or fintech holding that data] must notify the consumer who gave the consent, each 90 days, that the consent is still current".The operation of a pilot is scheduled to begin in July, and executives from NAB and Westpac told an industry conference last week they well on track to be ready.