Data Analytics Centre: Data Sharing Legislation

The Data Sharing (Government Sector) Act 2015 was passed by Parliament in November 2015 to remove barriers that impede the sharing of government sector data and to implement measures to facilitate the sharing of government sector data with the DAC and between other agencies.

What are the objectives of the Data Sharing legislation?

The objectives of the legislation are to:

  • enable government sector agencies to agree to share government sector data with the DAC or other government sector agencies for certain purposes,
  • enable the Minister for Innovation and Better Regulation to give directions in certain circumstances to require government sector agencies to share government sector data with the DAC,
  • enable the Minister for Innovation and Better Regulation to obtain information for the DAC from government sector agencies about the kinds of data sets that they control, and
  • specify safeguards (including in relation to the collection, use, disclosure, protection, keeping, retention or disposal of health information or personal information of individuals) to be complied with by the DAC and other government sector agencies in connection with data sharing under the proposed Act.

How does this Legislation relate to privacy, Privacy and Personal Information Protection Act (PPIP), Health Records and Information Protection Act (HRIP) and other pieces of legislation?

The Data Sharing legislation complements existing NSW legislation.

The Bill was drafted in consultation with the Privacy Commissioner.

Sharing of personal data is excluded. This data is managed according to:

All data identified in Government Information (Public Access) Act 2009 (GIPAA) as exempt from public release in Schedule (1) and Schedule (2) are also specifically exempt from the Data Sharing legislation.

These are:

  • Schedule 1 - Information for which there is conclusive presumption of overriding public interest against disclosure
  • Schedule 2 - Excluded information of particular agencies

See: Government Information (Public Access) Act 2009 (NSW)