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The Federal Government is developing reforms to give consumers greater access to and control over their data held by companies they do business with, such as banks, energy companies and telcos. The Consumer Data Right will allow customers to transfer their data to different providers to see if those providers offer products that would be more suitable, at a better price.
For consumers, greater use and control of their data could provide significant benefits through helping them to find services they need at reduced prices.
In this consultation The Treasury is asking for further comments on the draft legislation that will underpin the consumer data right, before the legislation is introduced into Federal Parliament. ACCAN’s initial comments on the draft legislation are available here.
Read more: Treasury Amendment (Consumer Data Right) Bill 2018 further provisions consultation
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ACCAN lodged a submission with the ACCC on its fixed line services declaration inquiry. The inquiry relates to the services that Telstra sells on its copper network to other providers of phone and internet services.
The ACCC is proposing to maintain the regulation of the services Telstra provides for further 5 year period. ACCAN agrees with the ACCC’s position.
Once the ACCC makes its final decision, it will then consider the prices Telstra charges other providers to use its network.
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ACCAN has made a submission to the Australian Competition and Consumer Commission’s (ACCC) on its investigation of TPG Telecom Limited’s (TPG) proposed merger with Vodafone Hutchison Australia Pty Limited (VHA).
ACCAN is supportive of the proposed merger as it is likely to lead to more sustainable competition with a positive effect for consumers in the Australian telecommunications market.
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The summary below outlines ACCAN's activities from 1 June – 31 August 2018.
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ACCAN has observed a lower proportion of fixed Internet service uptake in rented households, as well as reports relating to barriers about access to this type of service. These barriers are often due to the imbalance of power between renters and landlords.
This is a concern for ACCAN, who have raised questions around the proportion of rented households who have deliberately chosen mobile services for their home.
Read more: Issues faced by renters in Australia’s phone and internet market
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ACCAN has made a submission to the Australian Human Rights Commission’s Human Rights and Technology consultation.
The issues paper asked which human rights can be affected by technology, and what issues technology can raise for different groups of people. The issues paper included some questions that specifically related to people with disability and the accessibility of technology, including what challenges and opportunities people with disability experience when accessing technology and how the development and use of more accessible technology can be encouraged and promoted in Australia.
ACCAN focused on the human rights of people with disability in our submission. We made the following key points:
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ACCAN has made a submission to the Australian Competition and Consumer Commission (ACCC) Facilities Access Code consultation.
The discussion paper asked whether improvements could be made to the code which provides a process for carriers to access each other’s infrastructure, co-locate equipment and co-build facilities in order to reduce the cost of providing services and protecting community amenity through duplication of infrastructure. The code also provides voluntary consultation and negotiation processes for carriers as well as a framework for dispute resolution in the event that they cannot agree on access arrangements.
Although the code has been largely successful in promoting co-location and reducing duplication, there are indications that in regional areas it has been less effective. There are also some indications that carriers may have incentives to preclude access or co-location where there are commercial advantages to doing so.
ACCAN made the following key points:
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The summary below outlines ACCAN's activities from 1 March – 31 May 2018.
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ACCAN has made a submission to the Australian Competition and Consumer Commission (ACCC) Mobile Terminating Access Service (MTAS) declaration inquiry.
The review asked whether access to mobile networks should be 'declared' for the purpose of connecting calls.
'Declaring' a service allows a mobile call to be connected between two different providers at a fixed per-minute rate and on certain terms. For example, if your phone provider is Telstra it allows you to call a friend on Optus.
In this example MTAS makes sure that Telstra can connect a call on the Optus network at a rate which represents the cost of the call. Without declaration Optus would be free to charge well above cost to access its network and this high cost would probably be passed on to consumers.
ACCAN made the following key points:
Read more: Mobile terminating access service declaration inquiry
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ACCAN welcomes the ACCC’s announcement today that Telstra has refunded $9.3 million to 72,000 customers who were misled about third-party billing charges under its “Premium Direct Billing’ (PDB) service. However, the consumer advocacy group argues that further consumer safeguards are needed to prevent bill shock and consumer harm from occurring in the first instance.
“We are pleased to hear that 72,000 Telstra mobile customers will be refunded for content such as games and ringtones that they unknowingly purchased. We have seen that unexpected charges continue to be an issue for Australian mobile consumers and contribute to mobile bill shock,” said Teresa Corbin, ACCAN CEO.
Read more: ACCAN welcomes Telstra’s refunds to customers misled about third-party billing
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What is the Consumer Data Right (CDR)?
The CDR refers to the right of consumers to safely access certain data about themselves that is held by businesses. This data will be provided to consumers in a practical form and in a timely manner.
The CDR will also allow consumers to transfer their data to trusted third parties of their choice, and will require businesses to inform consumers about the disclosure of data to third parties.
Read more: Consumer Data Right – What Is It and What Does It Mean for Consumers?
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The ACMA periodically reviews the Telecommunications (International Mobile Roaming) Industry Standard 2013 (IMR Standard) to ensure it continues to be effective in the changing telecommunications environment. ACCAN submitted to the current review and argued that whilst the IMR Standard continues to offer strong consumer protections, there are some areas for improvement:
- Consumers must be notified when they switch between different roaming services such as daily roaming packs and traditional pay-as-you-go roaming
- Consumers must be notified more regularly about how much they have spent on roaming, and at a minimum at $50 increments
- Consumers must be notified prior to incurring extra charges (e.g. for data beyond what is included in their service). This notification should be provided with adequate time for consumers to turn off their roaming service if they wish to do so
- Information about usage and charges relating to roaming must be current, and at a minimum no older than 2 hours, to ensure consumers are able to properly manage and control their usage and spending.