iTnews

NSW gets new cross-border data sharing rules

By Paris Cowan on Nov 23, 2015 11:19AM
NSW gets new cross-border data sharing rules

Parliament patches gaps in privacy laws.

NSW will finally get new privacy laws that govern how and when state-held information can be shared outside its boundaries, thanks to an amendment to the Privacy Act passed by parliament last week.

NSW Privacy Commissioner Dr Elizabeth Coombs has been chasing the new rules for a number of years now.

The legislation is aimed at addressing deficiencies in the Privacy and Personal Information Protection Act 1998 which meant personal information on NSW citizens was no longer protected once it moved outside state borders.

The state’s privacy legislation, which controls the use and disclosure of personal data held by public sector organisations, came into effect 17 years ago.

Guidelines for data sharing interstate and with Commonwealth were expected to follow soon after, but never materialised.

Ten years later, a legal spat between the NSW Department of Education and Training and one of its former teachers set a legal precedent that NSW government information is no longer protected once it leaves NSW, in the absence of the overdue code of practice.

The just-passed bill sought to close this gap by introducing a list of conditions on sharing information outside the NSW jurisdiction, including:

  • Ensuring the recipient is subject to a law with equivalent privacy protections to NSW privacy law,
  • Obtaining the “express consent” (as opposed to implied consent) of the individual identified in the data, and
  • Taking “reasonable steps” to ensure the data will be handled by the recipient in line with the demands of the NSW Privacy Act.

Data sharing will also be allowed in situations where it is necessary to fulfil a contract between the NSW government and third party, or it is needed to address a “serious or imminent threat” to life, health or safety of an individual.

The new law is designed to make it clear that NSW entities are still responsible for privacy even outside state borders when they are sharing data with other governments or third-party vendors like cloud hosting providers.

The bill passed unopposed.

NSW Attorney-General Gabrielle Upton said the legislation would finally deliver “clarity to both New South Wales public sector agencies and individuals about when such disclosures are permitted”.

The passage of the amendment comes more than a year after Upton’s predecessor Brad Hazzard indicated his intention to bypass a code of practice and formalise the cross-border information provisions in law.

Coombs welcomed the legal changes after more than a decade of inertia on the privacy gap.

“NSW was the second international jurisdiction to introduce specific privacy protections, back in 1975," she said.

“But the current legislation was introduced 17 years ago – this update and simplification have been long awaited."

Got a news tip for our journalists? Share it with us anonymously here.
Copyright © iTnews.com.au . All rights reserved.
Tags:
data sharing elizabeth coombs governmentit nsw nsw ipc offshore privacy strategy

Partner Content

Putting cyber security basics in place
Partner Content Putting cyber security basics in place
Tackling cybersecurity in 2021
Partner Content Tackling cybersecurity in 2021
Resetting cyber security for the new threat landscape
Partner Content Resetting cyber security for the new threat landscape
Preventing cybercrime in the world of forex trading
Promoted Content Preventing cybercrime in the world of forex trading

Sponsored Whitepapers

Encryption: Protect your most critical data
Encryption: Protect your most critical data
Overcoming data security challenges in a hybrid, multicloud world
Overcoming data security challenges in a hybrid, multicloud world
Move beyond passwords
Move beyond passwords
The top 5 tech trends to deliver business outcomes
The top 5 tech trends to deliver business outcomes
10 reasons why businesses need to invest in cloud security training
10 reasons why businesses need to invest in cloud security training

Events

  • On-Demand Webinar: How Poly and Microsoft are Embracing Future Work Environments
By Paris Cowan
Nov 23 2015
11:19AM
0 Comments

Related Articles

  • NSW govt digital projects to face new privacy test
  • NSW govt unveils massive ERP system consolidation
  • NSW govt IT cost overruns fall by 90 percent in four years
  • NSW Police to establish 24x7 SOC in cyber security overhaul
Share on Twitter Share on Facebook Share on LinkedIn Share on Whatsapp Email A Friend

Most Read Articles

TPG Telecom to start enticing NBN customers to move

TPG Telecom to start enticing NBN customers to move

Infosys scores another $40m for Centrelink payments engine build

Infosys scores another $40m for Centrelink payments engine build

Telstra InfraCo opens up telco's own fibre network

Telstra InfraCo opens up telco's own fibre network

Transport for NSW data stolen in Accellion breach

Transport for NSW data stolen in Accellion breach

You must be a registered member of iTnews to post a comment.
Log In | Register
All rights reserved. This material may not be published, broadcast, rewritten or redistributed in any form without prior authorisation.
Your use of this website constitutes acceptance of nextmedia's Privacy Policy and Terms & Conditions.