Data Availability and Transparency Code 2022
22Personal information—determining necessity of sharing and minimum amount necessary
Start here
Get a plain-English read of 22
Turn the raw legal text into a practical explanation grounded in Data Availability and Transparency Code 2022.
22 Personal information—determining necessity of sharing and minimum amount necessary
Scope of section (1) This section sets out, in relation to projects that have the data sharing purpose of delivery of government services, the principles to be applied by data custodians when determining whether it is necessary to share personal information to properly deliver the service (see subparagraph 126(2C)(b)(i) of the Act). General principle (2) Except as provided by this section, it is not necessary to share personal information to properly deliver a government service. Providing information (3) To properly deliver a government service mentioned in paragraph 15(1A)(a) of the Act (providing information), it is necessary to share the following personal information: (a) contact information for the individual to whom the service is being delivered; (b) any information relevant to the timing of the provision of the information, or to the content of the information. Providing services, other than services relating to payment, entitlement or benefit (4) To properly deliver a government service mentioned in paragraph 15(1A)(b) of the Act (providing services, other than services relating to a payment, entitlement or benefit), it is necessary to share the following personal information: (a) contact information for the individual to whom the service is being delivered; (b) any information relevant to the timing of the provision of the service, or to the scope or content of the service. Determining eligibility for a payment, entitlement or benefit, or paying a payment, entitlement or benefit—under legislation (5) If the delivery of a government service mentioned in paragraph 15(1A)(c) or (d) of the Act (determining eligibility for a payment, entitlement or benefit, or paying a payment, entitlement or benefit) is being done under legislation, then, to properly deliver the service, it is necessary to share the following personal information: (a) contact information for the individual to whom the service is being delivered; (b) any information about the individual: (i) that, under the legislation, may be taken into account; and (ii) that is expected to be taken into account when delivering the service. Determining eligibility for a payment, entitlement or benefit, or paying a payment, entitlement or benefit—other than under legislation (6) If the delivery of a government service mentioned in paragraph 15(1A)(c) or (d) of the Act (determining eligibility for a payment, entitlement or benefit, or paying a payment, entitlement or benefit) is being done other than under legislation, then, to properly deliver the service, it is necessary to share the following personal information: (a) contact information for the individual to whom the service is being delivered; (b) information about the individual that may be taken into account in accordance with any written policies, procedures, processes or guidance applicable to delivery of the service; (c) other information about the individual: (i) that may lawfully be taken into account in relation to delivery of the service; and (ii) that is expected to be taken into account when delivering the service.