Document ID: chunk:federal_register_of_legislation:C2024C00820:section:16b:p2
Version: federal_register_of_legislation:C2024C00820
Segment Type: section
Provision Reference: s 16B (pt 2/2)
Character Range: 55725–57928

accredited user is a Commonwealth body (other than a Commonwealth body excluded from this paragraph by the rules) and the final output of the project includes only de‑identified information;
 (f) the sharing is a disclosure authorised under Part VIA of the Privacy Act 1988 (dealing with personal information in emergencies and disasters).
Note: It is not unreasonable or impracticable to seek an individual's consent merely because the consent of a very large number of individuals needs to be sought. The Commissioner is also required to make a data code dealing with this matter.
 (5) The permitted circumstances for the data sharing purpose of research and development are the circumstances mentioned in paragraphs (4)(a) to (d).
 (6) Sharing is ADSP‑controlled access if:
 (a) an ADSP is sharing the data on behalf of the data custodian with an accredited user; and
 (b) the data is shared by means of the ADSP providing access to the data:
 (i) by use of systems controlled by the ADSP; and
 (ii) to particular identified designated individuals for the entity, each of whom has appropriate experience, qualifications or training; and
 (c) the ADSP has implemented controls to prevent or minimise the risk of the data being used to identify individuals.
 (7) If the data custodian of the data being shared concludes that, in relation to the sharing of personal information under the agreement for the purpose of informing government policy and programs, or research and development, the circumstance mentioned in paragraph (4)(a) exists (unreasonable or impracticable to seek individual's consent), the agreement must include:
 (a) a statement that personal information is being shared without consent of individuals because it is unreasonable or impracticable to seek their consent; and
 (b) an explanation of the data custodian's reasons for so concluding.
 (8) If personal information about an individual is to be shared without the consent of the individual for the data sharing purpose of informing government policy and programs, or research and development, the data sharing agreement must include a statement setting out why sharing the personal information is consistent with this section.