Document ID: chunk:federal_register_of_legislation:F2024L00982:clause:1_2
Version: federal_register_of_legislation:F2024L00982
Segment Type: clause
Provision Reference: sch 1 cl 2
Character Range: 34506–36449

2  Data sharing agreements—disclosure under subsection 11(6)

Data sharing agreement must deal with how disclosed claims information can be used
 (1) A data sharing agreement must:
 (a) specify the purposes for which the recipient may use the information disclosed under the agreement; and
 (b) not permit the recipient to use the information for other purposes.
 (2) The purposes may only be one or more of the following:
 (a) use for research (other than medical research);
 (b) statistical analysis;
 (c) development of government policies and programs;
 (d) consulting as described in subsection 11(8);
 (e) linking claims information as described in section 14.

Data sharing agreement must deal with re-identification of de‑identified claims information
 (3) A data sharing agreement must include a requirement that, if de‑identified claims information is disclosed to the recipient in accordance with the agreement, the recipient is not to re‑identify the information other than in accordance with the agreement.
 (4) A data sharing agreement must include a requirement that, if:
 (a) the recipient re‑identifies claims information, whether advertently or inadvertently; and
 (b) the re‑identification was not in accordance with the agreement;
the recipient must notify the disclosing agency of:
 (c) that fact; and
 (d) the steps the recipient has taken to:
 (i) either destroy the re‑identified information, or de‑identify it; and
 (ii) prevent further claims information being re‑identified.

Data sharing agreement must not permit disclosure of claims information
 (5) A data sharing agreement must not permit the recipient to on‑disclose claims information that was disclosed under the data sharing agreement.
Note: A data sharing agreement will not have the effect of preventing a recipient from disclosing information such as de-identified or aggregated information which was derived from, but no longer is, claims information.