What is the complaints process?

The Consumer Data Right (CDR) is all about giving your clients control over their data. But what happens if something goes wrong? If you or your client believe a business isn't playing by the CDR rules, there's a clear process to follow.

Think of it like this: just as you have a process for loan applications, there's a process for complaints about data.

First Things First: Always Complain Directly to the Business Involved!

Before contacting any regulator, the very first step is to raise the issue directly with LoanCheckr. This could be:

• Your client's bank
• An Accredited Data Recipient (ADR) that your client has given consent to (e.g., another fintech app).

Why? Most issues can be resolved quickly by the business itself. They have their own internal complaints process, and they're required to try and fix the problem.

How to do it: Contact their customer service, complaints department, or use their official complaints process (usually found on their website).

What to expect: The business should acknowledge your complaint and aim to resolve it within 30 days.

If the Issue Isn't Resolved: Escalating Your Complaint

If you've complained directly to the business and you're not satisfied with their response, or they haven't responded within 30 days, then it's time to escalate to the relevant government body.

The key is to know who to complain to, as different bodies handle different types of issues:

Scenario 1: Your Complaint is About Privacy or How Data Was Handled

• What kind of issues?

  • Your client's data was shared without their consent.
  • Their data was used for a purpose they didn't agree to.
  • There was a data breach involving their CDR data.
  • The data received was incorrect, or not enough data was provided.
  • Concerns about how an Accredited Data Recipient (ADR) is protecting your client's privacy.

• Who to contact? The Office of the Australian Information Commissioner (OAIC).

  • The OAIC is the privacy watchdog. They are responsible for making sure businesses protect your client's personal information under the CDR.

• How to contact the OAIC:

  • Recommended: Use their online CDR complaint form. This is the most efficient way to lodge a detailed complaint.
  • Email: enquiries@oaic.gov.au (for general inquiries, but the online form is preferred for complaints).
  • Phone: 1300 363 992 (for general inquiries or to discuss your complaint before lodging).

Scenario 2: Your Complaint is About Broader CDR Rules, Accreditation, or Fair Competition

• What kind of issues?

  • A bank or energy company refusing to share data when they should.
  • Concerns about an Accredited Data Recipient's (ADR) accreditation or their general compliance with CDR rules (not specifically privacy).
  • Broader issues about how the CDR system is working or unfair practices by participants.

• Who to contact? The Australian Competition and Consumer Commission (ACCC).

  • The ACCC is the main regulator for the CDR. They oversee the entire system, including who gets accredited and making sure everyone follows the overall rules.

• How to contact the ACCC:

  • Recommended: Use their online reporting forms. These are designed for reporting issues affecting consumers or businesses.
    • To report a consumer issue: [Search "ACCC report a consumer issue" on Google]
    • To report an issue affecting your business: [Search "ACCC report an issue affecting your business" on Google]
  • Email: accc-cdr@accc.gov.au (This email is for feedback or questions about the CDR rules, not typically for individual complaints, but can be used for general inquiries).
  • Phone: 1300 302 502 (for general inquiries or to discuss what form to use).

Scenario 3: You Have Feedback on the CDR Policy or Future Direction

• What kind of issues?

  • Suggestions for how the CDR rules could be improved.
  • Ideas for which industries should be included in the CDR next.
  • General policy questions about the CDR framework.

• Who to contact? The Treasury.

  • The Treasury is the government department that designs the CDR policy and decides where it will apply next. They don't handle individual complaints.

• How to contact the Treasury:

  • Email: data@treasury.gov.au (for general policy-related questions or feedback).

Important Tips for Lodging a Complaint:

• Keep Records: Always keep a detailed record of your interactions, including dates, times, names of people you spoke to, and copies of any emails or letters. This makes it much easier to escalate if needed.
• Be Specific: Clearly explain what happened, when it happened, and what outcome you are seeking.
• Understand Roles: Remember, the OAIC handles privacy, and the ACCC handles the broader rules and accreditation. Knowing the difference helps you go to the right place the first time.

By following these steps, you can ensure that any issues related to the CDR are addressed effectively, helping to build trust and confidence in this important system for your clients.