Submission to the Data Sharing and Release Legislative Reforms Discussion Paper

5 Pages Posted: 10 Oct 2019

See all articles by Lyria Bennett Moses

Lyria Bennett Moses

University of New South Wales (UNSW) - Faculty of Law

Genna Churches

University of New South Wales (UNSW), Faculty of Law

Emily Watson

University of New South Wales (UNSW), Faculty of Law, Students

Monika Zalnieriute

Macquarie Law School

Date Written: October 8, 2019

Abstract

As we previously noted in our response to the Issues Paper on Data Sharing and Release, the current law around government information-sharing is unnecessarily complex. There is a patchwork of laws dealing with the sharing of government information which results in confusion and reluctance within government agencies to use existing data-sharing and release mechanisms. Efforts to develop context-specific laws, such as consumer data right, or for automated vehicles, or for data sharing for research purposes, despite the potential merits of each, contributes to this complexity. The Discussion Paper acknowledges the need for clarity within this space, expressing a desire to simplify information sharing processes and shift the Australian public service culture towards responsible sharing. The relationship between the Data Sharing and Release legislation and other existing data protection provisions (such as the Privacy Act 1988 (Cth) and secrecy provisions) has been clarified. However, the parallel operation of these reforms alongside existing provisions has the potential to add complexity, particularly where it introduces new terminology (such as “sharing” rather than “disclosure”, “data” rather than “information” and, potentially, new terminology linking entities and data).

Keywords: government data sharing, privacy, data privacy, data release, Australia, public service

Suggested Citation

Bennett Moses, Lyria and Churches, Genna and Watson, Emily and Zalnieriute, Monika, Submission to the Data Sharing and Release Legislative Reforms Discussion Paper (October 8, 2019). UNSW Law Research Paper No. 19-79, Available at SSRN: https://ssrn.com/abstract=3467385 or http://dx.doi.org/10.2139/ssrn.3467385

Lyria Bennett Moses (Contact Author)

University of New South Wales (UNSW) - Faculty of Law ( email )

Kensington, New South Wales 2052
Australia

Genna Churches

University of New South Wales (UNSW), Faculty of Law ( email )

Sydney
Australia

Emily Watson

University of New South Wales (UNSW), Faculty of Law, Students ( email )

Sydney
Australia

Monika Zalnieriute

Macquarie Law School ( email )

6 First Walk
Sydney, New South Wales 2109
Australia

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