In the era of digital，As people's consumption behavior gradually shifts to digitalization，Social concerns about consumer data management and privacy protection increased day by day。The protection of consumer data rights has become an important part of consumer rights protection，At the same time, it has also become a new field of legislation and new issues of legal research。In Australia，In 2019, the Consumer Data Rights Act，and released the "Consumer Data Rights Rules" in 2020。Our reporter interviewed Anton DiDenko, Senior Lecturer, Senior Lecturer of the University of New South Wales, Sydney, Australia, ANTON，Discuss the latest development of related regulations。

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"China Social Sciences": What is Australian consumer data rights framework and its main goals?

Dedenko: Consumer Data Right，CDR) is a legal framework of Australia，It allows consumers to authorize service providers (such as banks) security、Share data with other providers conveniently，so that the latter can better serve consumers。CDR recognizes the high value of consumer data in the modern economy，and release this value by giving consumers greater data control。This process breaks the status of consumer data "Information Island"，to promote legitimate competition。This legal framework includes legal provisions、Rules、Standard and specify the scope of application。CDR has developed in the direction of the cross -department from the beginning。Although it was originally launched in the banking industry，But the design concept of this legal mechanism aims to promote data sharing in the broad economic field of Australia。Since its launch，CDR has expanded to the energy department and non -bank loan institutions。Telecom、Insurance、Pension and other fields have not yet implemented this mechanism，Because CDR needs time to improve its ecosystem，Realize Bet365 app download the established goals in the key departments。

CDR is a complex framework，Emphasis on interaction between consumers and other two types of entities: data holders and authorized data receivers。The former refers to entities holding a large amount of consumer data，such as banks; the latter obtains the right to obtain consumer data after completing the certification process。CDR can be regarded as a system composed of many "pipelines"，Pipeline is like the specified data transmission channel，Through these pipes，Valuable consumer data is transported to various economic fields。These transmission channels must be safe，Data transmission with the consent of consumers。Here，This mechanism can be understood as "valve"。

It is difficult for consumers to extract value from their data without a good regulatory system，and the traditional legal framework (such as privacy law) cannot be competent for this task。So，The most critical goal of CDR is to allow more market participants (such as smaller fintech companies) to access valuable consumer data，to promote benign competition in the economic field。Brief words，The purpose of its existence is to enhance the number and frequency of sharing of consumer data in the economic field。This will help reduce information asymmetry and resolve the obstacles faced by new market participants。other，CDR can also protect consumers，The data shared in its ecosystem can be secure。This is an important measure made by Australia's sharing of consumer data，It is also one of the representative legal frameworks of consumer data sharing。

　Effective operation of trust guarantee legal framework

"China Social Sciences": What role does consumer trust play in the CDR framework?

Didenko: Consumer trust is important for the operation of the CDR framework。If consumers do not trust this framework，No consumer data will be spread in its ecosystem。According to the Australian Ministry of Finance，CDR "should serve consumers、Expand consumers and stand on the consumer's position "。The premise of the operation of CDR is that consumers voluntarily choose to associate with other CDR bet365 Play online games participants，and agree to disclose your data。In the CDR framework，Consumers are not only the disadvantaged recipes that need to be protected，It is a valuable data source to promote the operation of the system，The key features of consumer trust include institutionalization and non -personalization。This means，Consumers do not need to verify the quality of the computer system of the data receiver，The authorization of consumers means that they trust the entire data right ecosystem and other participants。

From ordinary consumers who are not proficient in the law to large banks，Trust of the Related Related Party，Most legal frameworks cannot run。To be clear is，"Trust" is a complicated and multi -faceted concept，Different meanings in different disciplines。Discipline studies indicate，The establishment of trust usually needs to meet two conditions。First is a certain risk or vulnerability existence，First is a certain risk or vulnerability existence。Next，Personal interests need to rely on the cooperation of others to achieve。In other words，Trust actually represents the acceptance of vulnerability and positive expectations for others' behavior。

Why understand this helps the drafting and analysis of the law? In view of the two key conditions of trust，We can draw such a conclusion: the element that enhances trust in the legal framework refers to，Those factor that can achieve the goals and minimize potential risks by relying on third parties。So，Just clarify the risks that the legal tools try to solve and the interdependence relationship involved，It can quickly identify the factors that promote or suppress trust in a legal framework。other，Trust should be regarded as a dynamic phenomenon that exists at different stages。This means，People should study what are the elements that promote trust in the legal framework，to better improve the level of social trust through the improvement of the law。

"China Social Sciences": Current，What is the insurmountable CDR framework? How should I improve?

Dedenko: First of all，Recent adjustments to allow certain entities to access CDR data，This bet365 Play online games may cause different data receivers to control the same consumer data。I think，The problem brought by it is difficult to solve it by promulgating amendments under the CDR framework，Consumer data protection in the overall economic cycle needs to be strengthened。Building a legal framework to stipulate which channels have the right to transmit consumer data is also necessary，And this requires sufficient political willingness to support it to implement。In the case of insufficient political will，Perhaps you can use the blacklist system as an alternative plan，Data sharing methods that violate consumer data security such as cracking down screen grasp。

Next，It is necessary to introduce an efficient compensation system。Compensation of consumers after a cyber security incident，It can effectively enhance consumer trust。A powerful argument is the logic of "assume break" of cyber security regulations，This logic believes，Any computer system will inevitably be attacked，Attempting to build a "irreplaceable network fortress" is futile。If it encounters a network attack, it is only a problem with time sooner or later，So，Data loss is also something that will inevitably happen at a moment。So，Ensuring consumers' right to pursue is important。

again，Must ensure the consistency and certainty of laws and regulations，At the same time, we must balance the demands of different stakeholders。In the current CDR framework，To protect the service provider，Some regulations have passed the remaining risks to consumers。For example，"SAFE HARBOURS" regulations。This result is obviously unsatisfactory。Although "safe port" can protect service providers from regulatory punishment at some point，But it should not hinder consumers get compensation from the service provider。

Last，It is necessary to protect consumer rights in different ways，Improving consumers' risk awareness of sharing data。For example，Allows consumers to directly obtain their own CDR data，This is the lack of the current Australian consumer data rights framework。

　　Summarize the factors that enhance consumer trust

"China Social Sciences": From the perspective of the world，Australian CDR framework applications can it provide for other countries or regions?

Didenko: This involves several points。One of them，I call it "boundary problem"。Complex legal frameworks often land on the intersection of different legal fields。Consumer data rights and competition law、Consumer Rights Protection Law、Data Protection Law、There is a cross between the privacy law。These legal fields may also cross overlap。Decision makers need to recognize this，and actively deal with the overlap of the new law and the existing law。

CDR is the design cross -department、The legal framework of consumers with data sharing provides a feasible case。As far as I know，When New Zealand recently established a new legal mechanism for sharing consumer data，I learned about this framework。Australia adopted the way of attractiveness in other judicial areas may not be great，Some countries or regions may tend to be more compulsory in terms of data sharing。I think，From the long run，The statutory framework is a good solution，Can effectively solve the "boundary problem" mentioned earlier，Data sharing behavior that helps to eliminate unsafe。

，No matter what other countries or regions choose to build your own data sharing framework，Consumer trust should be an important driving factor for the formulation and revision of these frameworks。After all，If you put aside consumer trust，Laws and regulations will miss the object (that is, consumer data)，Lack of meaning。I have summarized the five aspects that help strengthen consumer trust，respectively: authentication、Information security and privacy、Remedial measures、Consumer empower、Consumer experience and consumer consciousness，Provide reference for other consumer data sharing management frameworks。

　Look at the cross -domain legal framework with strategic vision

"China Social Sciences": Recent，issues related to data leakage and privacy protection have received wide attention from the international community。How do you view consumers' trust crisis in data bet365 live casino games sharing and privacy law?

Denko: To some extent，The trust in the legal framework is institutionalized。Under the background of the legal framework across multiple economic fields，Negative events that occur in a certain field may affect consumers' views on the entire framework。I have a few suggestions for this。

First，Legislators should look at the cross -domain legal framework with strategic eyes。To ensure that all Bet365 app download the established goals can be achieved after implementation，At the same time, avoid further consumption of consumer trust，If necessary，The implementation of the new law can be suspended。For example，The Australian government has recently decided to suspend the expansion of the CDR framework，It reflects this regulatory elasticity。

Next，As long as the consumer data sharing framework is suitable for specific fields (such as "open bank" or "open finance")，instead of covering the entire economic field，The "boundary problem" mentioned above will continue to exist。This will also expose the problem of "the weakest link": where the most risk of consumer data is often the weakest part of information security control。So，Policy makers can not only pay attention to the data sharing framework，It should also be committed to comprehensively improving the protection standard for consumer data。

again，"Assume that the Signal" logic indicates，No information system can guarantee the threat from online attacks。So，When designing consumer data sharing frameworks，Pay more attention to these two aspects of repair and compensation。Consumers who are most likely to be attacked，That is personal consumer，Need to get additional protection。This is because of，Data once stolen，It can be used almost unlimited。In other words，Data leakage may cause individual consumers to face the risk of being stolen by identity information for a long time。At the same time，It is necessary to ensure that consumers can easily get compensation without having to go through a lawsuit。

Last，It is necessary to emphasize，Consumer trust may sometimes be misplaced，For example，Some consumers do not understand relevant risks。Theoretically，This may bet365 live casino games prompt certain policy makers and companies to intentionally suppress consumers' risk awareness，To maintain consumer trust。This approach is very unwise，Because，If the consumer only realizes its existence when the risk is manifested and caused by damage，The resulting consequences and the decline in consumer trust may be very serious。In other words，Anti -rejection to improve consumer risk awareness of related issues，May bring greater impact to the level of trust in consumers。