Taking data further—the new scheme for data sharing across Government

What is the Data Availability and Transparency Act 2022 (Cth)? 

The Act seeks to promote better availability and sharing of public sector data with data scheme entities, consistent with existing security safeguards. Public sector data includes data lawfully collected, created, or held by or on behalf of Commonwealth body. Sharing may be with other Commonwealth entities or with state and territory entities. 

A data scheme entity includes: 

Data custodians: Commonwealth bodies who control public sector data (and are automatically participants in the scheme), and

Accredited entities: accredited users and accredited data service providers (who can apply to participate in the scheme). 

The sharing, collection and use of the data must relate to at least one of three data sharing purposes: 

1. delivery of Government services, which includes providing information, services (other than services relating to a payment, entitlement or benefit), and determining eligibility for, or paying a payment, entitlement or benefit
2. informing government policy and programs, and 
3. research and development. 

All existing mechanisms for data sharing continue to operate as the Act does not replace or change these arrangements.

What does it mean for important data the government holds, including my own data? 

Under the Act, data scheme entities can enter into data sharing agreements to enable further data sharing, beyond existing mechanisms, for data sharing purposes. This could mean, for example, individuals won’t need to provide the same information on multiple occasions to different agencies across the Commonwealth Government. It could include circumstances where: 

• individuals, families and businesses impacted by a major flood or bushfire event could submit one form, shared across a range of agencies for assistance or relief
• life event data such as the registration of a birth, could be shared across jurisdictions with relevant health, education and community service agencies, or
• agencies with vast amounts of data like the Australian Bureau of Statistics could provide this data to accredited research bodies like universities.

Data sharing under the Act must be done consistently with the five data sharing principles and a registered data sharing agreement.

Data sharing principles

Project– Defines the intended use of the shared data, including public interest, consent and ethics requirements.

People– Identifies users accessing the data to ensure they can be trusted and have the right skills for
the project.

Settings– Assesses if data is shared in a controlled environment tailored to the data type and sensitivity, subject to security standards.

Data– Requires data to be protected, including taking a ‘data minimisation’ approach so only data that is reasonably necessary to achieve the project
is shared.

Outputs– Ensures the results and outcomes of the projects are agreed, including whether they are appropriate for publishing.

In entering a data sharing agreement, a data scheme entity must be satisfied that a project is consistent with the data sharing principles. It must apply each principle to the sharing, collection or use of data so that when viewed as a whole, the risks associated with the sharing, collection or use are appropriately mitigated. Penalties exist for unauthorised sharing. 

The Act does not force disclosure of any collected or held data. Other existing obligations for handling Government data continue to apply, including the Australian Privacy Principles in the Privacy Act 1988, records management under the Archives Act 1983, and the Protective Security Policy Framework. The Act precludes the sharing of public sector data for certain enforcement related purposes, such as law enforcement investigations and operations.

Who is the National Data Commissioner? 

The Act establishes the National Data Commissioner (Commissioner) as an independent statutory office holder charged with overseeing the data sharing scheme as its regulator and champion. Gayle Milnes was appointed as the first National Data Commissioner in April 2022.

The Commissioner will provide advice, advocacy and guidance to ensure the scheme operates as intended. The Commissioner will also report to Parliament annually on the operation of the scheme and will be supported by the National Data Advisory Council.  

What’s next? 

Following commencement, the rollout and implementation of the new scheme continues. Data custodians are automatically participants in the scheme. For accredited entities, a staggered implementation is planned:

To be accredited, entities must be Australian and satisfy the criteria for accreditation, which includes, for example, that the entity has appropriate data management and governance policies and practices.

Consultation on other aspects of the framework will also be occurring, including: 

• Ministerial Rules: which will include a register of accredited data users, transition of integrating authorities to accredited data service providers, evidence for accreditation of data users and data service providers, and 
• Data Code: to cover the application of data sharing principles, privacy and data sharing agreements.

Final thoughts

The new scheme seeks to strike the appropriate balance between increased data sharing with necessary safeguards. Success will depend on the benefits outweighing the investments required, particularly for entities where participation is voluntary. There is huge potential for increased sharing of Commonwealth Government data to improve policy making and program design.  Time will tell whether the enormous potential of the new scheme can be
fully realised.