Misleading or deceptive conduct—civil penalty
56BO Misleading or deceptive conduct—civil penalty
A person must not engage in conduct that misleads or deceives, or is likely to mislead or deceive, another person (the second person) into believing that:
a person is a CDR consumer for CDR data; or
a person is making a valid request or consent, or has satisfied other criteria, for the disclosure of CDR data under the consumer data rules; or
a person is a CDR consumer for a CDR action; or
a person has satisfied any criteria under the consumer data rules for:
the making of a request; or
the giving of a valid instruction; or
the processing of a valid instruction;
for the performance of a CDR action.
The person mentioned in paragraph (a), (b), (c) or (d) could be the first‑mentioned person, the second person or a third person.
For enforcement, see Part VI (including section 76 for an order for payment of a pecuniary penalty).
Defence
Subsection (1) does not apply if the conduct is not misleading or deceptive in a material particular.
A person who wishes to rely on subsection (2) bears the burden of adducing or pointing to evidence that suggests a reasonable possibility that the conduct is not misleading or deceptive in a material particular.
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