Citizen or consumer? Contrasting Australia and Europe’s data protection policies

Abstract

This paper examines how data access and transfer rights are conceptualised in the European Union and Australia. The study discusses the planned introduction of a Consumer Data Right (CDR) to Australia and contrasts it to comparable developments in European law.We then assess the broader reform moments around data (which these various data access and transfer rights form a part of), that have occurred in each jurisdiction. The paper shows that Europe has placed an increasing value on protecting the fundamental rights of citizens, whereas Australia has taken a more neoliberal approach to data, only granting individuals rights in the context of the market.

The exercisability of the right to data portability in the emerging Internet of Things (IoT) environment

“…As the GDPR refrains from enforcing standardisation and instead encourages industry to develop interoperable formats, a continued emphasis on developing portability use-cases may be needed. Examples of the sectoral approach of other portability frameworks in the UK (e.g., Open Banking, telephone number portability) or the Australian Consumer Data Right ('CDR') Act may consequently be helpful (Meese et al, 2019). Standardisation bodies such as British Standards Institution or the International Organization for Standardization are therefore urged to make data portability across IoT platforms subject of further developments and discussions.…”

The exercisability of the right to data portability in the emerging Internet of Things (IoT) environment

“…Examples of the sectoral approach of other portability frameworks in the United Kingdom (e.g. Open Banking, telephone number portability) or the Australian Consumer Data Right (CDR) Act may consequently be helpful (Meese et al, 2019). Standardisation bodies, such as British Standards Institution or the International Organisation for Standardisation, are therefore urged to make data portability across IoT platforms subject of further developments and discussions.…”

International Economic Law’s Regulation of Data as a Resource for the Artificial Intelligence Economy

“…It provides for the sharing of consumption data with consumers and accredited third parties, subject to data privacy safeguards, in certain sectors. 49 EG Weyl, Radical Markets: Uprooting Capitalism and Democracy for a Just Society (Princeton, NJ, Princeton University Press, 2018), at 231. The discussion around mandatory data sharing is most advanced in the banking sector.…”