Data Availability and Transparency Code 2022

The exposure draft of the Data Availability and Transparency Code 2022 (the draft data code) opened for public consultation between 17 August 2022 to 14 September 2022.

The consultation focused on the draft data code, with a paper outlining how the data sharing principles and privacy protections will apply in practice to data sharing. The consultation invited feedback to improve the Code and ensure it supports DATA Scheme participants to apply and comply with the principles and privacy protections which are critical to fostering safe and trusted data sharing.

We received 37 submissions on the draft data code from Australian Government and State and Territory government agencies, Australian Universities, researchers, Indigenous organisations and others in the community. We also met with several key stakeholders during and after this period for more targeted consultation.

We received 37 formal submissions.

Key themes and actions that we received from this consultation process included the following points: 

• The public interest test should be streamlined to promote ease of use and tailoring to projects with various levels of complexity.
• The requirements relating to ethics should avoid doubling up where processes outside the Act are already required.
• Further clarity was needed regarding conflicts of interest, affiliations and consent.

A summary of what we heard and our response to the submissions on the draft data code is available below:

In response to the submissions, the Commissioner amended the draft data code and made two codes:

• Data Availability and Transparency Code 2022
• Data Availability and Transparency (National Security Measures) Code 2022

We received 37 submissions in response, with 24 public submissions.

• Anonymous
• Population Health Research Network