Data sharing reforms Office of the National Data Commissioner Department of the Prime Minister and Cabinet Webinar 3 December 2019 PRIME MINISTER & CABINET 1 1
The Australian Government is working to maximise the benefits of public sector data MARCH 2018 SEPTEMBER 2019 AUGUST 2018 The Government commits Discussion Paper and PIA released Interim National Data to implementing PC to seek public views on policies Commissioner appointed recommendations that underpin data reforms MARCH 2017 JULY – 2018 MARCH 2019 Productivity Commission’s Issues Paper invited Data Sharing Principles guidance Data Availability and Use public views on data released to raise APS capability Inquiry recommends reforms reforms to public sector data system Whole-of-Government Data Policy Complementary Commonwealth data initiatives Consumer Data Rights [Treasury] Australian Government Public Data Policy Statement AI Ethics Framework [DIIS] Government response to Productivity Digital Platforms Inquiry [ACCC] Commission Inquiry 2 PRIME MINISTER & CABINET 2
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. 3 PRIME MINISTER & CABINET 3
The legislation will empower custodians to provide controlled access to the right people for the right reasons with safeguards in place Providing controlled access to the right people for the right reasons with Data Sharing safeguards in place. Data Release Open release of data to the world at large. 4 PRIME MINISTER & CABINET 4
The legislation will authorise data sharing for purposes that the community supports Government Improved policy and programs through informed decision making policy and programs Research and Better research to achieve social, economic and environmental outcomes development Streamlined customer experience of government Government services service delivery The legislation will not authorise sharing public sector data for purposes like compliance, assurance, national security or law enforcement . 5 PRIME MINISTER & CABINET 5
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. 6 PRIME MINISTER & CABINET 6
Protections under Data Sharing Principles can be scaled up to safely share sensitive data Sensitive Data Detail Context Agencies handle data through a range of protections and procedures . • Safeguards for sensitive data are context Harm dependent. • The Data Sharing Principles allow necessary flexibility when applying protections. Sensitivity of data • The ONDC’s guidance will help agencies apply strong safeguards. 7 PRIME MINISTER & CABINET 7
Prescribed application of Data Sharing Principles will engender trust Next steps • ONDC will provide guidance to help agencies apply the Data Sharing Principles, building on Sharing Data Safely package of materials . 8 PRIME MINISTER & CABINET 8
Transparency and accountability will build public trust in government’s use of data 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. • A balanced review and complaints mechanism will provide for review of NDC decisions and complaints and investigation of suspected breaches of legislation. 9 PRIME MINISTER & CABINET 9
New roles and responsibilities will be created to streamline data sharing National Data Commissioner will provide oversight through accreditation and enforcement. 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 organisational support to access data and use it safely. 10 PRIME MINISTER & CABINET 10
The National Data Commissioner will oversee the data sharing framework to ensure accountability across the system THE LEGISLATION The legislation sets up RULES ISSUED BY THE MINISTER OR THE the data sharing NATIONAL DATA COMMISSIONER framework. The legislation will GUIDANCE outline how rules are to be made by the Minister Non-binding advice or the National Data from the National Data Commissioner. THE Commissioner to FRAMEWORK support best practice and provide general information about the data sharing system. OPERATIONAL AND ADMINISTRATIVE SYSTEMS Systems and processes that implement requirements of the legislation and instruments. 11 PRIME MINISTER & CABINET 11
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. 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. We will also release simplified materials to aid in the public’s understanding of our legislation. 12 PRIME MINISTER & CABINET 12
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