Data Availability and Transparency Act 2022

A project involves at least both of the following elements:

an entity (the sharer) shares data with another entity (the user), either directly or through another entity (the intermediary);

the user collects the data and uses the output of the project, which is:

the copy of the data collected by the user; and

any data that is the result or product of the user’s use of the shared data.

The sharer’s authorisation to share data is in section 13. The user’s authorisation to collect and use data is in section 13A.

A project may involve sharing of data by multiple sharers, if multiple entities are data custodians of the data.

If, for the purposes of sharing data under section 13, data services are performed in relation to data, or data is created, by or on behalf of the sharer, the project also involves performing the services or creating the data.

If the sharer shares data with the user through an intermediary, the project also involves both of the following elements:

the sharer shares the data with the intermediary;

the intermediary collects the data and uses the ADSP‑enhanced data of the project, which is:

the copy of the data collected by the intermediary; and

any data that is the result or product of the intermediary’s use of the shared data.

The sharer’s authorisation to share data with the intermediary, and the intermediary’s authorisation to share data with the user on behalf of the sharer, are in section 13. The intermediary’s authorisation to collect data from the sharer and use it is in section 13B.

If the sharer is provided with access to output or ADSP‑enhanced data of the project, the project also involves the sharer’s collection and use of the output or ADSP‑enhanced data.

The sharer’s authorisation to collect and use the output or ADSP‑enhanced data of the project is in section 13C.

A data sharing agreement may treat multiple projects as a single project, as long as they all have the same data sharing purpose or purposes and the same sharer and user and (if applicable) intermediary.

If the user in a project shares data that is output of the project as part of a later project:

the copy retained by the user continues to be output of the earlier project; and

the copy collected by the user in the later project is output of the later project in accordance with paragraph (1)(b); and

if the sharing in the later project is done through an intermediary—the copy collected by the intermediary in the later project is ADSP‑enhanced data of the later project in accordance with paragraph (3)(b).

A data sharing agreement may allow the user to share output under section 13 as part of a later project (see section 20D).