25Requirements for data sharing agreements involving state or territory data

25 Requirements for data sharing agreements involving state or territory data

For the purposes of subsection 19(16) of the Act, this section prescribes requirements that must be met by a data sharing agreement under which:

(a) the source data is, or includes, data that is state or territory data; and
(b) the data custodian of the source data obtained the state or territory data:
(i) from a State body or a Territory body (a state or territory data provider); and
(ii) under another contract or agreement (a provisioning agreement).

The requirements are that the data sharing agreement specify:

(a) the state or territory data included in the source data; and
(b) the state or territory data provider of the state or territory data; and
(c) whether there are any conditions in the provisioning agreement related to the data custodian sharing the state or territory data; and
(d) if there are such conditions in the provisioning agreement—how the sharing of the source data under the agreement is consistent with those conditions.

Note: This section applies where state or territory data is obtained by a data custodian under one agreement and shared through another agreement (being a data sharing agreement).