Australian Federal Government Adopts ‘Nuanced’ Position On Data-Sharing Consent

BoogieChile writes: “Nuanced” in this case meaning: they don’t need it. A discussion paper on Australia’s Data Sharing and Release Legislative Reforms “tweaks” proposed new Data Sharing and Release legislation by removing the requirement for people to consent to the sharing of personal information. “Instead, we are placing the responsibility on Data Custodians and Accredited Users to safely and respectfully share personal information where reasonably required for a legitimate objective,” it says. The paper says that following feedback, the government has “nuanced” its position on consent. “While consent is important in certain situations, the societal outcomes of fair and unbiased government policy, research, and programs can outweigh the benefits of consent, provided privacy is protected,” it says. “The Office of the National Data Commissioner will encourage the use of consent where appropriate when applying the Data Sharing Principles, although the legislation will not require it in all circumstances.” According to the government, requiring consent for all data sharing will lead to biased data that delivers the wrong outcomes. “The Data Sharing and Release legislation is about improving government policy and research by helping government and researchers use a better evidence base. If we required consent, then data would only be shared where consent was given,” the paper says. “This will skew the data which is shared, leaving it unfit for many important purposes in the public benefit; it also runs the risk of leading to flawed policy and research which impacts negatively on society.”