24 Aug 2021
The Consumer Data Right gives you greater choice and control over your data.
It allows you to use your data to select the right product or service for you – saving you time and money.
The Consumer Data Right is designed to keep your data secure, and your privacy protected.
If you think a business has mishandled your data or breached your privacy, you have the right to make a complaint.
You should complain to the business first.
Their complaint procedures must be outlined in their Consumer Data Right policy, available on their website or in their app.
When making a complaint, you should:
- identify yourself
- explain what happened and when, and how you would like the issue resolved
- include an address, phone number, and the date
- keep a written record of the complaint and any response.
If the business doesn’t respond within 30 days, or if you aren’t happy with the response, you can complain to the Office of the Australian Information Commissioner, or OAIC.
The OAIC acts as an impartial third party when investigating and resolving a complaint.
If we are able to investigate, we will contact the business and ask for a response.
We may have to ask you for more information or disclose your personal information to a third party. We will always discuss this with you first, and we will keep you updated about the progress of your complaint.
We will speak to you and the business and try to get everyone to agree on an outcome, such as:
- an apology
- a correction to your data
- a change in business practices
- staff training, or
- compensation.
If you and the business can’t agree, we will make a formal decision about your complaint.
You also have the right to get legal advice and take your own legal action.
If you aren’t happy with how we handle your complaint or think you have been treated unfairly, you can:
- apply to the Federal Court to review our decision, or
- complain to the Commonwealth Ombudsman.
For more information about making a Consumer Data Right complaint, visit oaic.gov.au/cdr.
