House of Assembly Fifty-Third Parliament, Second Session (53-2) 53 2 Parliament of South Australia House of Assembly published Bills Public Sector (Data Sharing) Bill Public Sector (Data Sharing) Bill Public Sector (Data Sharing) Bill Introduction and First Reading Introduction and First Reading The Hon. J.R. RAU House of Assembly Enfield Deputy Premier Attorney-General Minister for Justice Reform Minister for Planning Minister for Industrial Relations Minister for Child Protection Reform Minister for the Public Sector Minister for Consumer and Business Services Minister for the City of Adelaide The Hon. J.R. RAU (Enfield—Deputy Premier, Attorney-General, Minister for Justice Reform, Minister for Planning, Minister for Industrial Relations, Minister for Child Protection Reform, Minister for the Public Sector, Minister for Consumer and Business Services, Minister for the City of Adelaide) (10:46): Obtained leave and introduced a bill for an act to facilitate the sharing of data between public sector agencies; and for other purposes. Read a first time. Second Reading Second Reading The Hon. J.R. RAU House of Assembly Enfield Deputy Premier Attorney-General Minister for Justice Reform Minister for Planning Minister for Industrial Relations Minister for Child Protection Reform Minister for the Public Sector Minister for Consumer and Business Services Minister for the City of Adelaide The Hon. J.R. RAU (Enfield—Deputy Premier, Attorney-General, Minister for Justice Reform, Minister for Planning, Minister for Industrial Relations, Minister for Child Protection Reform, Minister for the Public Sector, Minister for Consumer and Business Services, Minister for the City of Adelaide) (10:47): I move: That this bill be now read a second time. Currently, we have government agencies that are collecting and generating significant amounts of valuable data, but it is largely being used only to inform their own operations. Some of the most challenging social and economic challenges facing this state require a more holistic understanding of the environment. If we are going to be truly innovative in the way the government services and cares for citizens of this state, then agencies must be able to readily share the data that they hold with each other. It is well established that data analytics can be used to provide insights and a stronger evidence base for developing policy and services. For example, addressing some of the significant health challenges cannot be resolved by simply approaching them with a health lens. The way we use our public spaces, transport, education and welfare all play a part, and the data that is collected in all these agencies can bring new insights for designing health policy and services. This legislation provides the authority that is needed for agencies to share their data and includes a framework for ensuring that this only occurs in safe circumstances and only for purposes supporting government policy-making, program management, service planning and delivery. I seek leave to insert the remainder of the second reading explanation into Hansard without my reading it. Leave granted. The main authority and safeguards of the Bill are modelled to some extent on the Data Sharing (Government Sector) Act 2015 that the New South Wales Parliament passed late last year. Already, New South Wales are progressing policy and service delivery changes inspired by some of the insightful analysis enabled by its legislation. The artificial boundaries of government departments create barriers to agencies that are seeking to innovate and provide the type of collaborative, joined-up service delivery that people expect. While we are establishing a distinct Child Protection Department to focus on the important task of protecting our State's vulnerable children, the Department cannot be expected to operate in isolation. This Bill is critical in supporting this new Department and others to work collaboratively for better outcomes. This legislation will effectively override the legislative or policy barriers that operate to prevent data sharing within government, yet will ensure data sharing is always safe and appropriate. The two key objectives for this legislation are to promote the management and use of public sector data as a public resource to support good Government policy making, program management and service planning and delivery; and to remove the barriers that impede the sharing of data between agencies. The data that government holds is a considerable asset, and we want our citizens and the public sector to be confident it is being used and to provide public value. To provide the most public value that can possible come from it. There are two mechanisms for authorising the sharing of data between public sector agencies under this legislation. The first is about enabling voluntary data sharing between public sector agencies. In this instance an agency may simply approach another agency with their data request, or an agency may proactively identify the value in sharing data that it controls with another agency. The second mechanism is that the Minister for the Public Sector may direct a public sector agency to provide data that it controls to another public sector agency. This may be on the Minister's own initiative or perhaps where an agency is unsuccessful in pursuing a voluntary arrangement directly with another agency and seeks the Minister's backing. Under both mechanisms, the legislation provides authority for data to be shared for the purposes of enabling agencies to develop, improve and undertake policy making, program management, service planning and delivery; and for enabling data analytics work to be carried out on the data to identify issues and solutions regarding these same objectives. In considering whether the data should be shared, the agency seeking to receive the data must provide satisfactory assurance against a set of Trusted Access Principles. These Principles provide a framework for considering that the quality of the data, the people using it, the storage environment, the purpose for which the data is to be used and any outputs are all considered safe and appropriate before the data is shared and that there are adequate controls in place to support this assessment. The Trusted Access Principles that are embedded in the Bill reflect international best practice and are employed by the Australian Bureau of Statistics for assessing the safe and appropriate sharing of data. The legislation predominantly applies to Public Sector Agencies as defined in the Public Sector Act 2009. It does allow for additional entities to be added or removed from this definition by way of regulation and the intention is to consult further about which agencies may be appropriate to exclude. Regarding the definition of public sector data, this also allows for the regulations to prescribe exempt data either being all data held by a prescribed agency, or data of a prescribed kind. In New South Wales, information that is exempt from disclosure under their equivalent of the Freedom of Information Act 1991 (SA) is exempt also from the data sharing authority. In drafting the regulations for this legislation we will consider what might be appropriate to exempt and take outside the scope of what may be authorised for sharing under this Act. The Bill includes a number of safeguards to provide protections around the appropriate sharing of data. These include limitations on the further use or disclosure of data for purposes other than those authorised under this legislation. The limited instances include for example where the disclosure is reasonably required to lessen or prevent a serious threat to the life, health or safety of a person. The safeguards also include a requirement that any confidential or commercially sensitive information is dealt with in a way that complies with any contractual or equitable obligations of the data provider concerning how it is to be dealt with. Regarding the custody and control of the data, the safeguards require any legal requirements concerning the data, such as requirements under the Freedom of Information Act 1991 or the State Records Act 1997, to continue to be applied to the way the data is maintained and managed. If a data recipient arranges for a person or body other than another government sector agency to conduct data analytics work using public sector data with which it has been provided, the data recipient is to ensure that appropriate contractual arrangements are in place before the data is provided to ensure that the person or body deals with the data in compliance with the new legislation and any requirements of the State Records Act 1998 and any data security policies that are applicable to the data recipient. In addition to the explicit safeguards in the Bill, the principles of ethical behaviour and professional integrity found in the Public Sector Act 2009 and the professional conduct standards in the Code of Ethics for the South Australian Public Sector will apply and require public sector employees to maintain the integrity and security of official information and only access, use and disclose information where authorised. Any employee who contravenes or fails to comply with these professional conduct standards may be liable to disciplinary action. This legislation is about overcoming the artificial walls that exist around government departments. It is about creating the authorising environment for agencies to make the best use of their data assets and collaborate to improve the evidence base supporting policy development and the services we deliver. I commend the Bill to Members. Explanation of Clauses Explanation of Clauses Part 1—Preliminary 1—Short title This clause provides the short title. 2—Commencement This clause provides for commencement to be fixed by proclamation. 3—Interpretation This clause provides definitions for the purposes of the measure. Public sector agency has the same meaning as in the Public Sector Act 2009, however this may be modified by the regulations to include or exclude specified persons or bodies. Public sector data means any data that a public sector agency controls and there is provision for exempt public sector data being public sector data, or public sector data of a kind, prescribed by the regulations and public sector data held by a prescribed public sector agency. Part 2—Objects and interaction with other Acts 4—Objects This clause sets out the object of the measure, being to promote the management and use of public sector data as a public resource that supports good Government policy making, program management and service planning and delivery, to remove barriers that impede the sharing of public sector data between public sector agencies and to facilitate the expeditious sharing of public sector data between public sector agencies. The objects further specify protections provided in relation to public sector data sharing under the measure. 5—Interaction with other Acts This clause provides that the provision of public sector data by a public sector agency to another public sector agency as authorised under the measure for a specified purpose is lawful for the purposes of any other Act or law that would otherwise operate to prohibit that provision. The clause states that the measure does not permit or require a data recipient to use or disclose public sector data received under the measure for another purpose outside the authorisation or to deal with any public sector data otherwise than in compliance with the State Records Act 1997 where that Act applies to the public sector data. This clause provides that a person does not have a right to access a document under the Freedom of Information Act 1991 from a data recipient and a data recipient must not give access to a document under that Act if the document was provided under the measure. A data recipient must refer an application under the Freedom of Information Act 1991 for such a document to the data provider who will deal with the application in accordance with that Act. This clause also provides that the measure is not intended to prevent or discourage the sharing of public sector data by public sector agencies if it is proper and reasonable to do so or if it is permitted or required by or under any other Act or law. Part 3—Facilitating public sector data sharing 6—Trusted access principles This clause sets out the trusted access principles to be applied in respect of the sharing and use of public sector data under the measure. The trusted access principles are divided into groups as follows: (a)	safe projects; (b)	safe people; (c)	safe data; (d)	safe settings; (e)	safe outputs; (f)	other trusted access principles as may be prescribed by the regulations. 7—Public sector data sharing authorisation This clause provides that a public sector agency is authorised to provide public sector data, other than exempt public sector data, that it controls to other public sector agencies for any of the following purposes: (a)	to enable data analytics work to be carried out on the data to identify issues and solutions regarding Government policy making, program management and service planning and delivery by public sector agencies; (b)	to enable public sector agencies to facilitate, develop, improve and undertake Government policy making, program management and service planning and delivery by the agencies; (c)	such other purposes as may be prescribed by the regulations. The clause requires that a public sector agency must, before providing public sector data to another public sector agency under this section, apply the trusted access principles and be satisfied that the sharing and use of the data is appropriate in all the circumstances. The clause also requires that a data provider and a data recipient must comply with all relevant data sharing safeguards. 8—Data sharing on direction by Minister This clause provides that the Minister may direct a public sector agency to provide public sector data that it controls, including exempt public sector data, to another public sector agency for any of the purposes referred to in clause 7(1). The Minister must, before making a direction under this clause, apply the trusted access principles and be satisfied that the sharing and use of public sector data is appropriate in all the circumstances. Part 4—Data sharing safeguards 9—Confidentiality and commercial-in-confidence This clause requires a data recipient to ensure that confidential or commercially sensitive information provided to it under the measure is dealt with in a way that complies with any contractual or equitable obligations of the data provider concerning how it is to be dealt with. 10—Data custody and control safeguards This clause provides that a data provider and data recipient must ensure that public sector data is maintained and managed in compliance with any legal requirements concerning its custody and control (including, for example, requirements under the State Records Act 1997) that are applicable to them. 11—Other data sharing safeguards This clause provides for data sharing safeguards to be prescribed by the regulations. Part 5—Miscellaneous 12—Restriction on further use and disclosure of public sector data This clause provides that a data recipient must not use or disclose public sector data received pursuant to an authorisation under section 7 or section 8 other than for a purpose for which it was provided unless— (a)	the Minister approves the use or disclosure; or (b)	the use or disclosure is required or authorised by or under law or an order of a court or tribunal; or (c)	the use or disclosure is reasonably required to lessen or prevent a serious threat to the life, health or safety of a person, or a serious threat to public health or safety; or (d)	the use or disclosure is in accordance with the regulations. 13—Delegation by Minister This clause provides that the Minister may delegate any of the Minister's functions or powers under this Act. 14—Personal liability This clause provides that a person acting honestly and in the exercise or purported exercise of functions in administration of this Act incurs no civil or criminal liability in consequence of doing so. A civil action that would otherwise lie against a person lies instead against the Crown (except in the case of a member of a body corporate or the governing body of a body corporate or a person employed or appointed by, or a delegate of, a body corporate, in which case liability lies instead against the body corporate). 15—Regulations This clause provides for regulations to be made by the Governor for the purposes of the measure. Debate adjourned on motion of Ms Chapman.