Does a person continue to have account privileges when an account is closed?
Rule 1.7 specifies that a person is a secondary user for an account if the person has account privileges in relation to the account. Rule 1.7 also refers to the sector specific schedules to the Rules for the definition of ‘account privileges’.
For the banking sector, Clause 2.2 of schedule 3 specifies that a person in the banking sector has account privileges in relation to an account with a data holder if the account is for a phase 1, a phase 2 or a phase 3 product and the person is able to make transactions on the account.
For the energy sector, Clause 2.2 of schedule 4 specifies that a person has account privileges in relation to an account with a retailer if the person is a customer authorised representative of the account holder, for the purposes of rule 56A of the National Energy Retail Rules (NERR) or Chapter 10 of the National Electricity Rules (NER). The NERR and NER rules allow an account holder to nominate a customer authorised representative and require retailers to provide specified information, for example consumption data, to a customer authorised representative of the account holder, on request.
We consider secondary users can continue to have ‘account privileges’ where an account is closed but historical information remains.
What happens to a secondary user instruction when an account is closed?
Closing an account does not affect a secondary user instruction and it therefore remains current.
Can a secondary user continue sharing CDR data from a closed account?
As above, a person can continue having account privileges and a current secondary user instruction in relation to a closed account. If the person continues being eligible in relation to the data holder (i.e. despite the account closure, the person continues to satisfy the eligibility criteria under rule 1.10B and clause 2.1 of schedule 3 or schedule 4), the person will continue to be able to share CDR data from the closed account subject to clauses 3.2(4) and (5) of schedule 3 or schedule 4.
For more information about secondary users please refer to the Secondary users in the banking sector fact sheet and Secondary users in the energy sector fact sheet.
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