Data Sharing (Government Sector) Act 2015 (NSW)

Data Sharing (Government Sector) Act 2015 No 60

An Act with respect to the sharing of government sector data with a government data analytics centre and between other government sector agencies and to the privacy and other safeguards that apply to the sharing of that data.

Part 1 Preliminary

1 Name of Act This Act is the Data Sharing (Government Sector) Act 2015.

2 Commencement This Act commences on the date of assent to this Act.

3 Objects of Act The objects of this Act are— (a) to promote, in a manner that recognises the protection of privacy as an integral component, the management and use of government sector data as a public resource that supports good Government policy making, program management and service planning and delivery, and (b) to remove barriers that impede the sharing of government sector data with the DAC or between other government sector agencies, and (c) to facilitate the expeditious sharing of government sector data with the DAC or between other government sector agencies, and (d) to provide protections in connection with data sharing under this Act by— (i) specifying the purposes for, and the circumstances in, which data sharing is permitted or required, and (ii) ensuring that data sharing involving health information or personal information continues to be in compliance with the requirements of the privacy legislation concerning the collection, use, disclosure, protection, keeping, retention or disposal of such information, and (iii) requiring compliance with data sharing safeguards in connection with data sharing.

4 Definitions (1) In this Act— control in relation to data—see subsection (2). DAC means that part of the Department known as the Data Analytics Centre or such other government sector agency (or part of a government sector agency) as may be prescribed by the regulations. data means any facts, statistics, instructions, concepts or other information in a form that is capable of being communicated, analysed or processed (whether by an individual or by a computer or other automated means). data analytics work means the examination and analysis of data for the purpose of drawing conclusions about that data (including, for example, conclusions about the efficacy of Government policies, program management or service planning and delivery by government sector agencies). data provider means the government sector agency that controls government sector data that is provided under this Act to a data recipient. data recipient means the government sector agency to which government sector data is provided under this Act. data sharing safeguards—see Part 3. Department means the Department of Finance, Services and Innovation. function includes a power, authority or duty, and exercise a function includes perform a duty. government sector agency means each of the following— (a) the DAC, (b) a government sector agency within the meaning of the Government Sector Employment Act 2013, (c) a statutory body representing the Crown, (d) a council, county council or joint organisation within the meaning of the Local Government Act 1993, (e) a State owned corporation, (f) a body (whether incorporated or unincorporated) established or continued for a public purpose by or under the provisions of an Act or statutory instrument, (g) a wholly-owned subsidiary of the Crown in right of the State or an agency, council, corporation or other body referred to in paragraph (a), (b), (c), (d), (e) or (f), (h) a person or body exercising public official functions declared by the regulations to be a government sector agency for the purposes of this Act. government sector data means any data that a government sector agency controls, but does not include data of a kind excluded by the regulations. head of a government sector agency means— (a) in the case of a government sector agency within the meaning of the Government Sector Employment Act 2013—the head of the agency within the meaning of that Act, and (b) in the case of any other government sector agency— (i) the chief executive officer or other principal officer of the agency, or (ii) any other person who is declared by the regulations to be the head of the agency for the purposes of this definition. health information has the same meaning as in the Health Records and Information Privacy Act 2002. personal information has the same meaning as in the Privacy and Personal Information Protection Act 1998.