Leveraging Australia’s Lessons: Finding the balance between functionality and commercial viability of the Customer and Product Data Bill

Abstract

The implementation of a Consumer Data Right (CDR) in Australia pioneered an economy wide data portability framework, setting a precedent for others to follow. New Zealand is poised to adopt a similar model, and in June 2023, unveiled the New Zealand Customer and Product Data Exposure Draft Bill for public scrutiny. This paper offers an overview of the CDR and evaluates whether New Zealand’s legal framework and implementation strategies can circumvent the hurdles that impeded the CDR’s adoption in Australia. Ultimately, the author argues that without sufficient industry and consumer participation, the CDR’s efficacy and long-term viability are at risk - concessions must be made to ensure the CDR attracts both customers and industry players. This paper considers action initiation, the decision to utilise existing Privacy Act IPPs, the exclusion of reciprocal data sharing and the considerations of Māori Data and Māori Data governance.