Data Availability and Transparency Bill

Department of the Prime Minister and Cabinet

Office of the National Data Commissioner
Why are we developing the legislation?
The Data Availability and Transparency Bill will:
Help deliver better Government services and
improve policy
Support world class research and development
Put in place consistent rules for public sector
data sharing
Create a National Data Commissioner to
oversight the scheme
PM&C | Office of the National Data Commissioner |
“Improved data access and use can enable
new products and services that transform
everyday life, drive efficiency and safety,
create productivity gains and allow better
decision making.”
“Recommended reforms are aimed at moving
from a system based on risk aversion and
avoidance, to one based on transparency
and confidence in data processes, treating
data as an asset and not a threat.”
(Productivity Commission, Final Report on Data
Availability and Use, March 2017)
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Driving better data practices, attitudes, and culture

More consistent data sharing

Consistent data Added safeguards

governance practices
reduce transactional Data sharing scheme
costs/time and build Authority to share
provides an optional and
trust. safe pathway to share. Streamlined,
Data sharing scheme established
Standardised by the legislation provides modern and
Easy to use and
approaches through modernised scheme
authority to share where safe data
e.g. DSPs, DSA template underpinned by
currently limited, provided sharing
safeguards are met.
transparency and
Trust and assurance of oversight.
users of data through
e.g. requiring them to
be accredited

PM&C | Office of the National Data Commissioner | 3

We have arrived at a significant milestone in data reforms

• Office of the National Data Commissioner
established to develop a data sharing
legislation and lift data capabilities.
• Deb Anton, the interim NDC appointed.
• Issues Paper on the legislation released.
2018
• Public consultation on Exposure Draft of Bill,
PIA, and Accreditation discussion paper
• Prepare for introduction to the Parliament.
• Foundational Four and Data Sharing
Agreement template released.
2020

2017 2019 2021

Productivity Commission found data use • NDAC established. • Prepare and release the rules,
was falling due to: • Discussion paper and PIA on data sharing guidelines, and operational systems
• a culture of risk aversion framework released for public views to support the data sharing scheme.
• lack of streamlined approach • Consultations across the country.
• complex legal frameworks, and • Best Practice Guide released to lift
• an inability to share data. capabilities to share data safely.

PM&C | Office of the National Data Commissioner | 4

 The Data Availability and Transparency Bill will authorise
sharing of public sector data by data custodians with an
accredited user, only for the permitted data sharing
purposes and only if effective safeguards are in place.

Informed by a wide range of views, the ONDC has developed the Bill using privacy-by-
design approach.

The principles in the Bill will be supported by clear, detailed, and consistent rules and
guidance to ensure any privacy impacts are reasonable, necessary and proportionate.

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 The Bill creates new roles and responsibilities to streamline data sharing

Accredited Data Service

A Commonwealth body is Accredited Users will have
Providers will act as
the Data Custodian of the right skills and
intermediaries to enable
public sector data they capabilities and
data sharing where agencies
control and have the right organisational support to
are limited by their technical
to deal with. access data and use it safely.
capabilities.

The National Data Commissioner will provide oversight through accreditation and enforcement.

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 The Bill only allows sharing for permitted purposes

Permitted purposes Precluded purposes

Enforcement related purposes:

Government service delivery
- Law enforcement
- Compliance
Informing Government policy and
programs
National security purposes, including:
- Unlawful activities that prejudice
Research and development national security
- Activities to protect national security

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 Layers of defence in the Bill build integrity and safety in the
data sharing scheme

Data sharing principles to promote safe data sharing

Data sharing agreements to build consistency and accountability in data sharing

Accreditation to regulate entry into the scheme and provide oversight

The data minimisation requirement means no more data can be shared than necessary

Data Custodians have no duty to share data under the Bill

Strong transparency measures to make information about data sharing public

An independent National Data Commissioner to provide oversight and advocate for best practice

Redress and complaints to address when things go wrong

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Accreditation serves a number of purposes in the data sharing scheme
Visibility and regulation of
participants in the data
sharing scheme
A consistent and reusable
process for entities to enter
the scheme and request
government data

Signal to the community on

the importance of security
of the scheme

Transparency and i
accountability of accredited INFORMATION
entities through public
registers Information to support Data
Custodians when making
decisions about sharing data

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 Your feedback will help us get the reforms right

Following this consultation period:

we will consider your feedback on the exposure draft of the Bill

refine the Bill for Government consideration

develop the rules, guidelines, and systems to support implementation

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 Questions?

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Thank you

Data Sharing Data Sharing

The Foundational Four Agreement Template Principles guidance

For any questions or further information, contact the team at:

datalegislation@pmc.gov.au
Resources available on www.datacommissioner.gov.au