Understanding data sharing frameworks 

In NSW there are several pieces of legislation that regulate how data is collected, managed, stored, used, shared and released.  Together, these laws ensure that government agencies handle data and information safely, ethically and in the public interest.

Data Management

• State Records Act 1998 sets requirements regarding what records, information and data are to be created, managed and protected by NSW government agencies. 

Public access to data

• Government Information (Public Access) Act 2009 (GIPA Act) supports public access to datasets and reports unless an overriding public interest consideration applies.
• State Records Act provides public access to data that is at least 20 years old and is in the open access period. 

Data collection, storage, use and disclosure of personal and/or health information

• Privacy and Personal Information Protection Act 1998 (PPIP Act) regulates how agencies handle personal information
• Health Records and Information Privacy Act 2002 (HRIPA) governs health information held by NSW public sector agencies and certain private sector organisations.

Data sharing

• Data Sharing (Government Sector) Act 2015 enables data sharing between NSW Government sector agencies and authorises data sharing for specific purposes, even where other legislation might otherwise prevent it.
• Legal instruments such as Privacy Codes of Practice and Public Interest Directions issued under NSW privacy laws specify how data can be shared, used and for what purpose.