Public Sector (Data Sharing) Act 2016 (SA)

South Australia

Public Sector (Data Sharing) Act 2016

An Act to facilitate the sharing of data between public sector agencies; to provide for the sharing of data between public sector agencies and other entities; to provide for an Office of Data Analytics; and for other purposes.

Contents

Part 1—Preliminary

1Short title

2Commencement

3Interpretation

Part 2—Objects and interaction with other Acts

4Objects

5Interaction with other Acts

Part 3—Office for Data Analytics

6Office for Data Analytics

Part 4—Facilitating public sector data sharing

7Trusted access principles

8Public sector data sharing authorisation

9Data sharing on direction by Minister

Part 5—Data sharing safeguards

10Confidentiality and commercial-in-confidence

11Data custody and control safeguards

12Other data sharing safeguards

Part 6—Minister may enter data sharing agreements

13Minister may enter data sharing agreements

Part 7—Miscellaneous

14Restriction on further use and disclosure of public sector data

15Delegation by Minister

16Personal liability

17Annual report

18Regulations

19Review of Act

Legislative history

The Parliament of South Australia enacts as follows:

Part 1—Preliminary

1—Short title

This Act may be cited as the Public Sector (Data Sharing) Act 2016.

2—Commencement

This Act will come into operation on a day to be fixed by proclamation.

3—Interpretation

(1)In this Act—

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 public sector agencies);

data provider means the public sector agency that controls public sector data that is provided to a data recipient under Part 3 or Part 4;

data recipient means the public sector agency to which public sector data is provided under Part 3 or Part 4;

data sharing safeguards—Part 5 sets out the data sharing safeguards for the purposes of this Act that are applicable to the provision of public sector data by a public sector agency to another public sector agency;

de-identified—personal information is de-identified if the information is no longer about an identifiable individual or an individual who is reasonably identifiable;

exempt public sector data means—

(a)public sector data held by a prescribed public sector agency; and

(b)any other public sector data, or public sector data of a kind, prescribed by the regulations;

individual means a natural person (including a deceased person);

ODA—see section 6;

personal information means information or an opinion, including information or an opinion forming part of a database, whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion;

public sector agency has the same meaning as in the Public Sector Act 2009 but—

(a)excludes a person or body prescribed by the regulations for the purposes of this definition; and

(b)includes any other person or body…