You can use this form to submit a complaint relating to the handling of your Consumer Data Right (CDR) Data to the Office of the Australian Information Commission (OAIC).
The CDR scheme is governed under Part IVD of the Competition and Consumer Act 2010 (Cth). Under the CDR scheme, the ACCC and the OAIC are co-regulators.
Under s 56ET of the Competition and Consumer Act, the OAIC can accept CDR complaints from individuals and small businesses ? about the alleged mishandling of their CDR data under the privacy safeguards or CDR Rules that relate to the privacy or confidentiality of CDR data.
Before you complain to us, contact the CDR entity you think has mishandled your CDR data to make a complaint. They should generally respond to your complaint in 30 days. If they don't respond to your complaint, or you're not satisfied with their response, you may lodge a complaint with the OAIC using this form.
Complaints can also be submitted by:
Further information about your ability to make a CDR complaint can be found on the OAIC's website.
The Office of the Australian Information Commissioner (OAIC) can investigate complaints about the handling of a consumer's CDR data.
The OAIC will handle your personal information in accordance with the Australian Privacy Principles.
If we inquire into or investigate your complaint, we will usually disclose the information you give us, including a copy of your complaint, to the entity you have complained about (the respondent).
The ACCC and the OAIC are co-regulators for the CDR. As such, we may refer your Consumer Data Right complaint and the information you provide us about that complaint directly the ACCC. Depending on the nature of your complaint, we may decide not to investigate but rather refer the matter to the Australian Financial Complaints Authority (AFCA), or to another recognised external dispute resolution scheme (EDR Scheme). We will notify you if we refer your complaint to the ACCC or an EDR.
I understand that the OAIC may need to disclose my personal information - including to the ACCC or to a recognised EDR scheme - to deal with my CDR complaint.
This field is required.
We will use the information you have provided to assess your complaint, make inquiries into or investigate your complaint, and attempt to conciliate the complaint. If the OAIC makes inquiries into or investigates your complaint we will usually disclose the information you give us, including a copy of your complaint, to the entity you have complained about (the respondent).
If necessary we may also disclose your information to others for the purpose of resolving your complaint under the CDR scheme. For example, as co-regulators of the CDR we may refer your complaint and the information you provide us to the ACCC or to a recognised EDR scheme to investigate, including the AFCA. Where the OAIC refers your complaint to another entity, we will notify you of the referral.
In case of challenge to a decision by the OAIC, we may need to disclose some information to a review body, for example a court or tribunal, or legal representatives.
If we think we may need to disclose your information to an overseas entity to handle your complaint, we will discuss this with you first.
We may need to collect further information from you in order to investigate or make inquiries into your complaint. If you do not provide this information to the OAIC, it may affect how we handle your complaint. In some circumstances, it may mean we decide not to investigate your complaint further.
We will usually collect information about you from the respondent. We may also collect information about you from others if they have information relevant to your complaint.
If you would like access to information about you that the OAIC holds, please email email@example.com.
Documents held by the OAIC may be subject to the Freedom of Information Act 1982.
Proceed to next question.
As a small business consumer, we will need confirmation that your annual turnover for the previous financial year did not exceed $3 million and that you have authority to represent the business in this complaint. Please attach:
This form is for individuals and small business consumers. If you have a complaint that relates to the CDR, you may wish to contact the ACCC. AFCA can also accept complaints from businesses with fewer than 100 employees.
If you are unsure, you can contact the OAIC's Enquiries team on 1300 363 992
This form is for individuals and small business consumers. If you have a complaint that relates to the CDR, you may wish to contact the ACCC.
This complaint form is for individuals and small business consumers only. If you are a CDR participant or a large business and you have a complaint that relates to the CDR, you may wish to contact the ACCC.
It will assist us if you can explain:
The clearer your explanation is the more easily we will be able to assist you. There is no character limit in the below box
The OAIC generally tries to resolve complaints through conciliation between you and the respondent.
If you are seeking financial compensation, please set out what loss you have suffered and provide any information or evidence to demonstrate a link between the incident and the amount you are claiming.
For all complaints please attach any correspondence with the respondent about the complaint.
Files you attach must:
Your Representative's details
Please review the information that you have provided about your enquiry. If you would like to change anything, you can return to the relevant section by using the Back to start button.
Once you submit your form, you will be provided with a confirmation email and reference number for your submission.
Your Form reference code is:
To check the progress of your submission and/or confirm it has been received you should contact the Office of the Australian Information Commissioner on the below details:
www.oaic.gov.au | 1300 363 992 | firstname.lastname@example.org
GPO Box 5218, Sydney NSW 2001
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