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The Draft Consumer and Product Data Bill

Submission by NZTech to the Economic Development, Science and Innovation Committee

NZTech supports the bill’s overall aim of enhancing data usage for societal and individual benefit, promoting innovation and ensuring secure data services. However, to improve clarity we recommend several adjustments.

Regulatory intervention should be focused, with governance remaining under existing laws. Requirements regarding storage and security may cause confusion as the Privacy Act already governs these settings. We recommend removing Clause 53 to prevent misinterpretation.

We also oppose the introduction of derived data measures, as they could restrict customer data-sharing and introduce legal complexities. Australia’s experience with similar regulations has resulted in high costs and low participation. 

The requirement for data holders to use specific electronic systems is unnecessary.  Data holders should be able to choose their own systems to meet their obligations under the bill.

The criteria for the Minister to designate new sectors under the regime is unclear and requires explicit guidelines.

These adjustments will strengthen the bill and help ensure its successful implementation.