Data sharing reforms Office of the National Data Commissioner - - PowerPoint PPT Presentation

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PRIME MINISTER & CABINET

Data sharing reforms

Office of the National Data Commissioner Department of the Prime Minister and Cabinet

Webinar 3 December 2019

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PRIME MINISTER & CABINET

The Australian Government is working to maximise the benefits of public sector data

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Australian Government Public Data Policy Statement Government response to Productivity Commission Inquiry Whole-of-Government Data Policy Complementary Commonwealth data initiatives

MARCH 2017 Productivity Commission’s Data Availability and Use Inquiry recommends reforms to public sector data system MARCH 2018 The Government commits to implementing PC recommendations JULY – 2018 Issues Paper invited public views on data reforms MARCH 2019 Data Sharing Principles guidance released to raise APS capability AUGUST 2018 Interim National Data Commissioner appointed SEPTEMBER 2019 Discussion Paper and PIA released to seek public views on policies that underpin data reforms

Consumer Data Rights [Treasury] AI Ethics Framework [DIIS] Digital Platforms Inquiry [ACCC]

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PRIME MINISTER & CABINET

The Discussion Paper presented the policy thinking underpinning the legislation

Feedback on the current policy positions has been constructive

• We received 79 submissions on the

Discussion Paper and Privacy Impact Assessment.

• Over September-October 2019, ONDC

reached out to 250 stakeholders in all capital cities and some regional areas to discuss policy thinking and identify solutions to areas that remain unresolved.

• Today we continue the conversation with our

webinar.

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PRIME MINISTER & CABINET

Open release of data to the world at large.

The legislation will empower custodians to provide controlled access to the right people for the right reasons with safeguards in place

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Providing controlled access to the right people for the right reasons with safeguards in place. Data Sharing Data Release

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PRIME MINISTER & CABINET

The legislation will authorise data sharing for purposes that the community supports

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Improved policy and programs through informed decision making Better research to achieve social, economic and environmental outcomes The legislation will not authorise sharing public sector data for purposes like compliance, assurance, national security or law enforcement. Government policy and programs Research and development Streamlined customer experience of government services Government service delivery

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PRIME MINISTER & CABINET

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We heard concerns around application of safeguards within the legislation

Ethical use of data means different things to different people

• The research sector has formal ethics approval processes to

consider human impact but there is lack of consistency in other sectors.

• There are advantages and disadvantages of formal ethics boards.

Stimulating the economy through public sector data should be enabled within reason

• Commercial uses of public sector data can drive innovation.
• Oversight is necessary to ensure public benefit is considered.

Consent needs to be considered broadly and in context

• Consent can play a role but does not give a

free-pass.

• Consent should be sought where reasonable and practicable.

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PRIME MINISTER & CABINET

Protections under Data Sharing Principles can be scaled up to safely share sensitive data

Sensitive Data Agencies handle data through a range of protections and procedures.

• Safeguards for sensitive data are context

dependent.

• The Data Sharing Principles allow

necessary flexibility when applying protections.

• The ONDC’s guidance will help agencies

apply strong safeguards.

Harm

Sensitivity of data

Context Detail

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PRIME MINISTER & CABINET

Prescribed application of Data Sharing Principles will engender trust Next steps

• ONDC will provide guidance to help agencies apply the Data Sharing Principles, building
• n Sharing Data Safely package of materials.

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PRIME MINISTER & CABINET

Transparency and accountability will build public trust in government’s use of data

• A balanced review and complaints mechanism will provide for review of NDC

decisions and complaints and investigation of suspected breaches of legislation.

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Data Sharing Agreements will be a requirement for all data shared under this legislation

• Data Sharing Agreements will contain minimum mandatory terms addressing

public interest, how risks are managed and safeguards are applied.

• Data Sharing Agreements will be publicly available on the ONDC’s register.
• Legislation provides limited statutory authority to share data. Rebound

approach reinstates offences under the original secrecy and non-disclosure provision.

• Offences and penalties created under this legislation will prevent

unauthorised sharing and will be comparable to existing penalties in other legislation.

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PRIME MINISTER & CABINET

New roles and responsibilities will be created to streamline data sharing

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Accredited Data Service Providers will act as intermediaries to enable data sharing where agencies are limited by their technical capabilities. Accredited Users will have the right skills and capabilities and

• rganisational support to access data and use it safely.

National Data Commissioner will provide oversight through accreditation and enforcement.

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PRIME MINISTER & CABINET

The National Data Commissioner will oversee the data sharing framework to ensure accountability across the system

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THE LEGISLATION RULES ISSUED BY THE MINISTER OR THE NATIONAL DATA COMMISSIONER GUIDANCE THE FRAMEWORK OPERATIONAL AND ADMINISTRATIVE SYSTEMS

The legislation sets up the data sharing framework. The legislation will

• utline how rules are to

be made by the Minister

• r the National Data

Commissioner. Non-binding advice from the National Data Commissioner to support best practice and provide general information about the data sharing system. Systems and processes that implement requirements of the legislation and instruments.

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PRIME MINISTER & CABINET

The next stage of consultation focuses on building greater understanding of the DS&R framework

We aim to publicly consult on an Exposure Draft of the Bill in early 2020 In late 2019 we will conduct further sentiment analysis with focus groups across Australia to better inform how we communicate the reforms. We will also release simplified materials to aid in the public’s understanding of

• ur legislation.

This release will be complemented by the next layer of the legislative framework. The second Privacy Impact Assessment will assess the draft legislation, and the rules and codes.

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