The advice outlines how the Act applies to accessing data within the NDDA, including the circumstances under which the Act must or may be used.

The Commissioner’s Advice Function

Under paragraph 43(aa) of the Act, the National Data Commissioner is authorised to provide advice to DATA Scheme entities about how the data sharing scheme applies to them, or how it would apply in particular circumstances. This function supports more efficient data sharing by offering guidance on the regulatory framework, ensuring entities understand their obligations and can navigate the data sharing process effectively. Under the Advice Function, advice remains private to requesting entities unless they choose to disclose it or request public disclosure by ONDC.

Application to the NDDA

This advice is specific to the NDDA and addresses the unique considerations and requirements for accessing data within this asset.

Key points in the advice include:

• The Act can be used to authorise access to data in the NDDA. Where the Act is used to authorise access, users must comply with all applicable Act requirements.
• The use of different authorising pathways to supply data to the NDDA does not affect the ability to use the Act for access.

This advice has been published by the ONDC at the request of the NDDA Commonwealth Partners. Other entities may draw on the principles outlined in this advice but should be aware that it may not be relevant to their specific circumstances.

This advice is an expression of the National Data Commissioner’s current understanding of the law and may be revised or withdrawn if new interpretations arise.