Document ID: chunk:federal_register_of_legislation:F2022L01719:reg:23
Version: federal_register_of_legislation:F2022L01719
Segment Type: reg
Provision Reference: reg 23
Character Range: 40040–42156

23  Whether public interest justifies sharing personal information without consent
 (1) For the purposes of subparagraph 126(2C)(b)(ii) of the Act, this section sets out the principles to be applied by data custodians when determining circumstances, or categories of circumstances, where the public interest to be served by a project justifies the sharing of personal information without consent.
 (2) Any adverse impacts on individuals that are likely to be caused by the sharing of the personal information are to be identified. The public interest to be served by the project only justifies the sharing if the ways in which the public interest is served by the project outweigh all of the likely adverse impacts.
 (3) The data custodian must take into account the following considerations:
 (a) whether the project relates to preventing, or responding to, a serious threat to life, or to the health, safety or welfare of the public;
 (b) whether the project includes any safeguards to minimise any impact on an individual, such as security measures specified in the data sharing agreement;
 (c) whether personal information is to be shared with the accredited user, or whether it is only to be shared with an ADSP that will either de‑identify the information, or provide the accredited user with ADSP‑controlled access;
 (d) the benefits to individuals or groups of people, and the likelihood of the project achieving those benefits;
 (e) any adverse impacts to individuals or groups of people that can reasonably be expected to result from sharing the data.
 (4) The data custodian may consider any other matters it thinks relevant, including any of the following:
 (a) any issues relevant to Australia's national interests, as set out in policies of the Australian government;
 (b) the social, economic, environmental, cultural and other benefits that can reasonably be expected to result from the project;
 (c) the social, economic, environmental, cultural and other costs that can reasonably be expected to result from the project, or to result from the project not being undertaken.

Part 4—Miscellaneous