6Project principle—project reasonably expected to serve the public interest

6 Project principle—project reasonably expected to serve the public interest

Scope of this section (1) As part of satisfying itself that a project is consistent with the project principle set out in subsection 16(1) of the Act, including the element set out in paragraph 16(2)(a) of the Act, an entity must take into account the matters, and comply with the requirements, set out in this section.

Note: See also subsection 16(11) of the Act (which provides that a data scheme entity must be satisfied that it has applied each of the data sharing principles to the sharing, collection or use of data in such a way that, when viewed as a whole, the associated risks are appropriately mitigated).

Delivery of government services (2) If the only data sharing purpose of the project is delivery of government services (see subsection 15(1A) of the Act), the project can reasonably be expected to serve the public interest. Medical research or statistics analysis etc. relevant to public health or safety (3) If the data sharing purpose of the project is or includes informing government policy and programs, or research and development, the project can reasonably be expected to serve the public interest if: (a) the data custodian is sharing the data in the course of medical research within the meaning of the Privacy Act 1988 and in accordance with guidelines made under section 95 of that Act; or (b) all of the following apply: (i) the user is an organisation within the meaning of the Privacy Act 1988; (ii) the data to be shared is health information within the meaning of that Act; (iii) a permitted health situation, within the meaning of that Act, exists or will exist in relation to the user’s use of the data. Other projects for the purpose of informing government policy and programs or research and development (4) If: (a) the data sharing purpose of the project is or includes informing government policy and programs, or research and development; and (b) subsection (3) does not apply; the project can reasonably be expected to serve the public interest only if the entity concludes that the arguments for the project serving the public interest outweigh the arguments against the project doing so. (5) In reaching the conclusion mentioned in subsection (4), the entity: (a) must consider all of the following matters: (i) the public interest in promoting better availability of public sector data (see paragraph 3(a) of the Act); (ii) any benefits to individuals or groups of people, including commercial benefits, that can reasonably be expected to result from the project; (iii) any benefits to Australian citizens, permanent residents and other people in Australia that can reasonably be expected to result from the project; (iv) if the data sharing purpose of the project is or includes informing government policy and programs—the desirability of government policy and programs being informed by evidence that can reasonably be expected to result from the project; (v) any adverse impacts on individuals or groups of people, including impacts related to privacy, that can reasonably be expected to result from the project; (vi) if the data sharing purpose of the project is or includes research and development—whether, and when, output of the project will be released; and (b) may consider any other matters the entity thinks relevant, including any of the following: (i) any issues relevant to Australia’s national interests, as set out in policies of the Australian government; (ii) the social, economic, environmental, cultural and other benefits that can reasonably be expected to result from the project; (iii) the social, economic, environmental, cultural and other costs that can reasonably be expected to result from the project, or to result from the project not being undertaken.