20EExit of ADSP‑enhanced data or output of project

20E Exit of ADSP‑enhanced data or output of project

Overview of this section (1) If the user or intermediary in a project uses output, or ADSP‑enhanced data, of the project in ways other than those authorised by this Act, it is a defence to an offence under section 14A if the copy being used has exited the data sharing scheme under this section (see subsection 14A(6)). Exit on provision of authorised or required access (2) If a person obtains a copy of output of the project as a result of the user providing the person with access to the output, the copy exits the data sharing scheme at the time it is collected by the person, as long as the user’s provision of access is: (a) a use of the output authorised by section 13A or 135 or required by a direction under section 112; and (b) not a submission of the output; and (c) not a sharing of data under section 13 allowed as mentioned in section 20D.

Note: See the definition of submit in subsection 20A(3).

(3) If a person obtains a copy of ADSP‑enhanced data of the project as a result of the intermediary providing the person with access to the ADSP‑enhanced data, the copy exits the data sharing scheme at the time it is collected by the person, as long as the intermediary’s provision of access is: (a) required by a direction under section 112; or (b) authorised by section 135. Exit on collection etc. if sharing is for purpose of delivery of government services (4) A copy of output of the project held by the user exits the data sharing scheme at the time applicable under subsection (5) if: (a) the data is personal information about an individual; and (b) the data sharing purpose of the project is delivery of government services; and (c) before the data was shared with the accredited user, the individual expressly consented to their personal information: (i) being shared by the data custodian with the accredited user; and (ii) being used by the accredited user without the requirements of this Act applying to the use. (5) For the purposes of subsection (4), the applicable time is: (a) the time the user collected the copy of the shared data; or (b) if the individual’s consent as mentioned in paragraph (4)(c) specified a later time—that later time. (6) The user is taken to collect a copy of data that exits the data sharing scheme under subsection (4) from the individual concerned, at the time the data exits. Exit for accredited user that is appointed data custodian of output (7) The user in a project is taken to hold a copy of output of the project that has exited the data sharing scheme, from the time specified for exit of the output in the data sharing agreement that covers the project, if: (a) the agreement appoints the user as data custodian of the output under subsection 20F(2); and (b) subparagraph 20F(2)(c)(i) does not apply; and (c) the conditions in subsection 20F(3) for exit of the output are met.