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Data.NSW
Data.NSW

Responding to data sharing and access requests

You should only give data access to people who can keep the data safe, have the right knowledge and skills to use it, and who plan to use it for an approved purpose. You should have a thorough understanding of the data involved and consider the consequences of sharing it.

Data requests can be received from:

  • Government agencies
  • Members of the public

Data Requests from Government Agencies

This section provides an overview of the three key steps to follow when responding to agency requests to access your organisation's data

1. Assess the data sharing request

Share data when answering "yes" to all of the following questions:

  • Is the purpose of the data sharing consistent with s6 of the Data Sharing (Government Sector) Act 2015?
  • Is the requested data excluded from categories listed in Schedule 1 or Schedule 2 of the Government Information (Public Access) Act 2009 (GIPA Act)?
  • The request doesn’t require any personally identifiable information of individuals?
    • The Data Sharing (Government Sector) Act 2015 (by reference to privacy legislation) does not allow personal or health information to be disclosed (or collected and used for a secondary purpose)
    • If you think any of the data being requested may contain personally identifiable information , discuss the request further with the Requesting Agency and, if necessary, seek further advice from the Privacy Officer for your agency or the Information and Privacy Commission (IPC)
    • You can negotiate with the Requesting Agency to de-identify or otherwise make safe any data containing potential personally identifiable information
    • Further information on making data safe for public release is available on the IPC’s website
  • Is the data required in the request non-sensitive? Sensitive data could include:
    • information about secret or sacred practices
    • ecological data that may place vulnerable species at risk
    • commercially sensitive information

If you decide that data is sensitive, you need to document this decision with the legislative or policy reference that informed your decision.

The reasoning for a final decision not to share data needs to be established in writing. Note that if a Requesting Agency disputes your reasons for not approving a request the Requesting Agency is able to make a formal access application under the GIPA Act.

2. Negotiate how to provide the data

Agree on the terms and conditions for sharing data with the Requesting Agency. 

It is appropriate for the Custodian Agency to set terms and conditions for the release of data to a Requesting Agency. Your agency can decide on the form that your agreement will take. 

Determine whether controls are required to ensure that: 

  • The requesters use the data in an appropriate manner
  • The environment the data will be stored in will not pose risks
  • The publication of outputs from the data does not pose risks
3. Assess whether the data can be made publicly available

If a Data Sharing Request is approved, it is likely that some or all of the data could also be made open (s7 of the GIPA Act). 

By proactively releasing data, your agency is meeting the requirements of the GIPA Act and streamlining and simplifying future data sharing processes.

Data Requests from the Public

You can share your data with the public by making it open data, or by responding to informal and formal requests for information made through the NSW Government Information (Public Access) Act 2009 (GIPA Act), as described below.

1. Opening your data to the public

‘Open’ data is data that anyone can access, use and share. The Data Analytics Centre can help you with this:

  1. Email datansw@customerservice.nsw.gov.au to discuss how to publish your open data via Data.NSW Open Data Portal.
  2. The Data Analytics Centre will send you the Open Data Publishing Guidelines and User Onboarding Guidance. They will organise a meeting to talk you through the open data process and onboard you to the Open Data Portal.
  3. Once your data is published online, you will be responsible for refreshing it and answering any data user’s questions about it. 
2. Responding to an informal data request

Under the NSW Government Information (Public Access) Act 2009 a member of the public may request data directly from an agency without a formal access application, the agency will need to inform the member of the public if a formal application is needed.

Information can be released in response to an informal request (Clause 8 of the GIPA Act), unless there is an overriding public interest against disclosure. Agencies can decide how the information is released and can impose conditions on the release. such as access or use.

For further information on informal data requests see: Informal release of information.

3. Responding to a formal data request

If the information requested cannot be released informally, the requester will need to make a formal access application to the relevant Department under the NSW Government Information (Public Access) Act 2009 (GIPA Act). These applications will be managed by your agencies central GIPA team.

For a list of Departmental contacts see here: Request access to information under the GIPA Act | NSW Government.