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Data Availability and Transparency Code 2022
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Turn the raw legal text into a practical explanation grounded in Data Availability and Transparency Code 2022.
(1) A data sharing agreement may appoint the accredited user in the project as the data custodian of output of the project, in the circumstances set out in subsection 20F(2) of the Act. Among other things, the circumstances include a condition that any individual whose personal information is included in the output must have expressly consented to their personal information being used by the accredited user without the requirements of the Act applying to its use (paragraph 20F(3)(b) of the Act). This section is about the individual’s consent. (2) Before the consent is given, the individual must be adequately informed about: (a) the nature of the personal information; and (b) the identity of the accredited user. (3) Before the consent is given, the individual must be adequately informed that: (a) generally, the use of personal information and other data shared under the Act is limited by the Act; and (b) if the individual gives the consent sought, the Act will not limit use of the personal information by the accredited user. (4) The individual may be informed about other laws that will limit the use and disclosure of the personal information by the accredited user, if the individual gives the consent sought. (5) The consent may be sought by the data custodian or by the accredited user. (6) The consent must be voluntary. (7) The consent must relate specifically to the accredited user being able to use the personal information without the requirements of the Act applying to the use. (8) The consent must be current at the time the personal information exits the data sharing scheme. (9) Without limiting subsection (8), consent is not current at the time the personal information exits the data sharing scheme if the consent was withdrawn before that time. (10) A withdrawal of consent has effect only if done expressly (whether orally or in writing) and only if done before the time of the exit. A withdrawal of consent has no effect in relation to an exit that occurred before the withdrawal. (11) The consent must be given: (a) if the individual has the capacity to consent—by the individual; or (b) otherwise—by a responsible person for the individual (within the meaning of the Privacy Act 1988).