20FData custodian of output of project

20F Data custodian of output of project

(1) An entity appointed as the data custodian of output of a project in accordance with subsection (2) or (5) becomes the data custodian of the output: (a) if subparagraph (2)(c)(i) applies—at the time the output is created; or (b) if subparagraph (2)(c)(ii) applies—at the time the output exits the data sharing scheme under subsection 20E(7); or (c) if subsection (5) applies—at the time the entity is provided with access to the output in accordance with section 13A. (2) A data sharing agreement that covers a project may appoint the user in the project as the data custodian of specified output of the project, if: (a) the user is a Commonwealth body; and (b) the output is public sector data and not a copy of the shared data collected by the user; and (c) either: (i) the agreement allows the user to provide access to the data in circumstances allowed by section 20C or 20D; or (ii) if subparagraph (i) does not apply—the conditions in subsection (3) for exit of the output are met. (3) The conditions for exit of the output are that: (a) provision of access to, or release of, the output by the user would not contravene any other law of the Commonwealth or a law of a State or Territory (disregarding section 23 of this Act); and (b) if the output includes personal information about an individual—the individual has expressly consented to their personal information being used by the user without the requirements of this Act applying to the use; and (c) the agreement requires the data custodian of the source data to be satisfied that all requirements in the agreement relating to exit of the output are met before the time specified in the agreement for the exit. (4) Unless appointed as mentioned in subsection (2), the user in the project is not the data custodian of output of the project. This subsection has effect despite subparagraph 11(2)(c)(i). (5) A data sharing agreement that covers a project may appoint an entity that is party to the agreement, other than in the capacity of user, as the data custodian of specified output of the project, if: (a) the entity is a Commonwealth body; and (b) the entity is not an excluded entity; and (c) the output is public sector data and not a copy of the shared data collected by the user; and (d) the agreement allows the user to provide the entity with access to the output in circumstances allowed by section 20C.