Data Availability and Transparency Code 2022 (Cth)

Data Availability and Transparency Code 2022 I, Gayle Milnes, National Data Commissioner, make the following code.

Dated 16 December 2022

Gayle Milnes National Data Commissioner

Contents Part 1—Preliminary 1 Name 2 Commencement 3 Authority 4 Definitions Part 2—Data sharing principles 5 Purpose of Part 6 Project principle—project reasonably expected to serve the public interest 7 Project principle—applicable processes relating to ethics 8 People principle—existence of conflicts of interest 9 People principle—projects for the data sharing purpose of delivery of government service 10 People principle—projects for the data sharing purpose of informing government policy and programs and research and development 11 People principle—attributes, qualifications, affiliations, expertise 12 People principle—experience 13 Setting principle—reasonable security standards 14 Data principle—appropriate protection 15 Output principle Part 3—Dealings with personal information 16 Purpose of Part 17 Consent to sharing personal information—sections 16A and 16B of the Act 18 Consent to provision of access to or release of personal information—paragraph 20C(1)(b) of the Act 19 Consent to exit of personal information—paragraph 20E(4)(c) of the Act 20 Consent to use of personal information by new data custodian—paragraph 20F(3)(b) of the Act 21 Unreasonable or impracticable to seek consent 22 Personal information—determining necessity of sharing and minimum amount necessary 23 Whether public interest justifies sharing personal information without consent Part 4—Miscellaneous 24 Information and documents required at time of giving documents under subsection 33(1) of the Act 25 Applicable period for notifying Commissioner of certain information

Part 1—Preliminary

1 Name This instrument is the Data Availability and Transparency Code 2022.