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.
