18Data sharing agreement

18 Data sharing agreement

(1) An agreement is a data sharing agreement if: (a) the agreement relates to the sharing of public sector data; and (b) the parties to the agreement include a data custodian of public sector data and an accredited user; and (c) the agreement is in the approved form (if any) or in writing (if there is no approved form); and (d) any requirements specified in a data code are met in relation to the agreement.

Note 1: All data sharing agreements must also meet the requirements in section 19. Other provisions also impose requirements in certain circumstances (see for example sections 16B and 16C).

Note 2: Data scheme entities must also have regard to the guidelines (see section 27) in entering a data sharing agreement.

Note 3: Copies of data sharing agreements, including variations, must be given to the Commissioner (see section 33) for inclusion on the register of data sharing agreements under section 130. Certain details of the agreements must be made publicly available.

(2) A data sharing agreement must not be entered into by an individual on behalf of a data scheme entity unless the individual is an authorised officer of the entity or authorised under subsection 137(4) for the entity. (3) A variation of a data sharing agreement must not be entered into by an individual on behalf of a data scheme entity unless the individual is an authorised officer of the entity or authorised under subsection 137(3) or (4) for the entity. (4) A data sharing agreement has no effect until the agreement is registered. (5) A variation of a data sharing agreement has no effect (and the agreement as in effect before the variation continues in effect) until the variation, or the agreement as varied, is registered. (6) A data sharing agreement may deal with matters not required to be dealt with by this Act, but must not do so in a way that is inconsistent with the data sharing scheme.