The purpose of this checklist is to ensure that data is safely shared from NSW Government to the data requestor.
Data requestors are to respond to each of the following criteria. As the data requestor you need to answer ‘yes’ to each of the criteria. If you answer ‘no’ to any of the criteria, you should contact the data owner to discuss.
Consent to terms and conditions
- You agree to all terms and conditions applied by the data owner
Understand data extent and limitations
- You have read the metadata describing the dataset, and read the data quality statement
- You understand how this data should be used and any limits on its use, and how this applies to your proposed use of the data
Data quality
- You acknowledge that the data owner is not liable for any errors, quality issues or data misinterpretation that impacts your work
Data ownership
- You acknowledge that the data remains the property of the data owner
- You will not on-share the data without the express permission of the data owner
- You will not sell, sublicense, assign, transfer or release the data to a third party
- You will not own any intellectual property in the owner’s data, unless specified by the data owner
Agreement to maintain security and not re-identify data
- You will not attempt to re-identify any aspect of the data
- You will not produce any information based on, or incorporating, the data that generates any form of personal information
- You will respect any confidentiality and security requirements applying to the data
- You will notify the data owner immediately of any security breaches impacting their data
Data use
- You will abide by any data access time restrictions applied by the data owner and terminate access or delete the data as specified by the data owner. If no time restrictions are applied and you are holding a copy of the owner’s data, you will manage this information in accordance with relevant requirements under the State Records Act
- You will document how you use the supplied data
- If applicable, you will retain the master list of how any unique identifier from the owner’s data links to your source system unique identifier. This list will only contain source system unique identifiers and will not contain personal information
- If you are holding a copy of the owner’s data, and if required by the data owner, you will store the data in accordance with the data owner’s requirements
GIPA requests
- If you receive a Government Information (Public Access) request for the data, you will forward this request to the data owner
Error reporting
- If you identify errors or inaccuracies in the data, you will inform the data owner
Disputes and liabilities
- You use the data in good faith and will attempt to resolve any disputes in accordance with Premier’s Memorandum M1997-26 Litigation Involving Government Authorities
- In using this data, you acknowledge that the data owner is not representing, warranting or accepting any liability in relation to the accuracy, completeness, reliability or quality of their data. The data owner is also not warranting fitness for purpose, non-infringement, or any other representations
Last updated 21 Dec 2022