As the data requestor, to safely share data, you need to say yes to each of the following criteria. If you answer no to any of the following, you can contact the data owner to discuss.
This checklist is also available as a download.
As the data requestor:
Consent to terms and conditions
- You agree to all terms and conditions applied by the data owner.
Understand data extent and limitations
- You have read the metadata describing the dataset, and read the data quality statement and understand how this data should be used and any limits on its use, and how this applies to your proposed use of the data.
- You acknowledge that the data owner is not liable for any errors, quality issues or data misinterpretation that impacts your work.
- You acknowledge that the data remains the property of the data owner.
- You will not on-share the data without the express permission of the data owner.
- You will not sell, sublicense, assign, transfer or release the data to a third party.
- You will not own any intellectual property in the owner’s data, unless specified by the data owner.
Agreement to not re-identify and maintain security
- You will not attempt to reidentify any aspect of the data.
- You will not produce any information based on or incorporating the data that generates any form of personal information
- You will respect any confidentiality and security requirements applying to the data.
- You will notify the data owner immediately of any security breaches impacting their data.
- You will abide by any data access time restrictions applied by the data owner and terminate access or delete the data as specified by the data owner. If no time restrictions are applied and you are holding a copy of the owner’s data, you will manage this information in accordance with relevant requirements under the State Records Act.
- You will document how you use the data supplied by the data owner.
- If applicable, you will retain the master list of how any unique identifier from the owner’s data links to your source system unique identifier. This list will only contain source system unique identifiers and will not contain personal information.
- If you are holding a copy of the owner’s data and if required by the data owner, you will store the data in accordance with the data owner’s requirements.
- If you receive a Government Information (Public Access) request for the data, you forward this request to the data owner.
- If you identify errors or inaccuracies in the data, you will inform the data owner.
Disputes and liabilities
- You use data in good faith and will attempt to resolve any disputes in accordance with Premier’s Memorandum M1997-26 Litigation Involving Government Authorities.
- In using this data, you acknowledge that the data owner is not representing, warranting or accepting any liability in relation to the accuracy, completeness, reliability or quality of their data. The data owner is also not warranting fitness for purpose, non-infringement, or any other representations.
Last updated: 19 June 2019