11People principle—attributes, qualifications, affiliations, expertise

11 People principle—attributes, qualifications, affiliations, expertise

Application of this provision (1) This section applies if the data sharing purpose of a project is or includes informing government policy and programs, or research and development. (2) As part of satisfying itself that the project is consistent with the people principle set out in subsection 16(3) of the Act, including the element set out in paragraph 16(4)(a) of the Act, an entity must take into account the matters set out in this section in relation to any individuals who are: (a) designated individuals for an accredited entity that is party to the data sharing agreement; and (b) permitted by the data sharing agreement to access data. (3) The entity may take the matters into account by considering them in relation to a class or classes of individuals rather than in relation to each individual.

Note: Example: An entity may consider a class of individuals’ completion of appropriate training in handling sensitive data. In this situation, the entity is not required to assess the qualifications of each individual member of the class.

Attributes (4) Relevant attributes of the individuals include whether they have the security or other clearances that the data custodian considers appropriate to access the data. Qualifications (5) Relevant qualifications of the individuals include any tertiary qualifications, or other formal qualifications, they hold. Affiliations (6) Relevant affiliations of the individuals include the following: (a) employment or sponsorship by a party to the data sharing agreement or any other entity involved in the sharing, collection or use of the data; (b) contractual obligations, moral or commercial expectations or personal interests that are inconsistent with the data sharing scheme’s restrictions on sharing, collection or use of data; (c) sponsorships and scholarships provided by, or other ties to, third parties; (d) membership of relevant professional associations. (7) An individual’s affiliations may enhance, or detract from, their appropriateness to access data.

Note: Examples of affiliations that enhance the individual’s appropriateness to access data include some kinds of employment, and membership of relevant professional associations.

(8) Affiliations will detract from the individual’s appropriateness to access data if the affiliations give rise to legal (including contractual) obligations, or moral or commercial expectations or incentives, that may conflict with the data sharing scheme’s restrictions on the collection and use of data.

Note: Examples of affiliations that detract from the individual’s appropriateness to access data include some kinds of employment, some scholarship or sponsorship arrangements, and membership of some organisations.