Establishes the purpose and scope of the New South Wales Open Data Policy, with Government Information (Public Access) Act 2009 (GIPA Act) as the legal foundation creating a presumption favouring disclosure. Details the four Government Information (Public Access) Act 2009 (GIPA Act) information pathways and covers key legislation including Privacy and Personal Information Protection Act 1998 (PPIP Act), Health Records and Information Privacy Act 2002 (HRIP Act), and Government Sector Data Sharing Act 2015.
Purpose and Scope
The NSW Government Open Data Policy promotes the release of government data for use by the community, researchers, businesses, and industry. Open data supports transparency, accountability, innovation, and better public policy outcomes.
These guidelines provide a structured approach for NSW Government agencies to publish open data while implementing appropriate safeguards.
The NSW Open Data Policy is enforceable in its own right and is backed and supported by the Government Information (Public Access) Act 2009 (GIPA Act). The policy establishes that NSW Government data should be:
- Open by default, protected as required
- Prioritised, discoverable and usable
- Primary and timely
- Well managed, trusted and authoritative
- Free where appropriate
- Subject to public input
Section 5 of the GIPA Act establishes a presumption that disclosure of government information is in the public interest. All government agencies must disclose or release information unless there is an overriding public interest against disclosure.
The GIPA Act provides four pathways for information access that support open data release:
- Mandatory proactive release: Information that agencies must make publicly available by law (e.g., agency information guides, policy documents).
- Authorised proactive release: Information that agencies are permitted and encouraged to make available at their discretion (e.g., de-identified research data, aggregate statistics).
- Informal access: Information released upon request without requiring a formal application (e.g., non-sensitive operational data).
- Access applications: Formal requests for information processed under GIPA provisions, which may identify datasets with high public interest.
Open data in NSW operates within a legislative framework that includes:
- NSW Government Open Data Policy - Promotes the release of valuable government data to the public
- Government Information (Public Access) Act 2009 (GIPA Act) - Establishes the legal right to access government information
- Privacy and Personal Information Protection Act 1998 (PPIP Act) - Regulates personal information handling
- Health Records and Information Privacy Act 2002 (HRIP Act) - Provides specific protections for health information
- Government Sector Data Sharing Act 2015 - Facilitates secure and lawful sharing of government data between NSW agencies