The document outlines the responsibilities and functions of the NSW Privacy Commissioner, including promoting privacy best practices and managing complaints under the Privacy & Personal Information Protection Act and the Health Records & Information Privacy Act. It also differentiates between big data and open data, emphasizing the necessity for compliance with privacy legislation during data sharing. Additionally, it mentions the establishment of a UN taskforce to address privacy challenges related to big data and emerging technologies.

1. Privacy and Data: Master class
26 July 2016
Dr Elizabeth Coombs
NSW Privacy Commissioner

2. NSW Privacy Legislation
Privacy & Personal Information
Protection Act 1998
(PPIP Act)
Health Records & Information
Privacy Act 2002
(HRIP Act)
12 Information
Protection
Principles
15 Health
Privacy
Principals

3. The role is separate
and independent from
the Information
Commissioner.
The role of the NSW Privacy Commissioner
The Privacy Commissioner is
responsible for the statutory privacy
functions of the Information and Privacy
Commission, i.e.:
> promoting the adoption of privacy best
practice;
> overseeing complaint handling;
> providing statutory advice;
> preparing statutory guidelines; and
> oversighting legislation.
The Commissioner
is an independent
statutory officer
reporting directly to
Parliament.
Privacy is more
than just
information or
data, it includes
the right to ‘be
left alone’

4. Data Sharing and NSW Privacy legislation…
Data Sharing
(Government Sector) Act 2015
(DS Act)
S3A(ii) DS Act 2015
“…ensuring that data sharing
involving health or personal
information continues to be in
compliance with the
requirements of the privacy
legislation…”

5. What is ‘Big Data’ and how is it different from ‘Open Data’…
Open Data
Under the NSW Government’s ‘Open Data Policy’,
protected information includes personal information and
health information and is not considered ‘Open Data’.
The policy requires agencies to manage open data
according to legislative and legal requirements. The
requirements for personal and health data fall under the
PPIP and HRIP Acts which is regulated by the NSW
Privacy Commissioner
Big Data
Also known as ‘data analytics’, the Data Sharing
(Government Sector) Act 2015 addresses data sharing
between agencies, and between agencies and the Data
Analytics Centre.
This Act explicitly provides that a data provider and data
recipient must ensure that the sharing of personal or
health information complies with privacy legislation. It is
an incorrect view that the Data Sharing Act overrides
NSW privacy legislation. It does not.

6. Emerging Issues
Big Data
UN
Taskforce
Implementation
of the DS Act and
Data Analytics
Centre

7. UN Taskforce on Big Data
The UN Taskforce on ‘Big Data’ will tackle major
privacy issues facing a range of jurisdictions. It is a
taskforce of Privacy specialists assembled to discuss
the ethical, legal and regulatory context surrounding
these emerging issues.
Items discussed include Privacy as an enabling right,
information self determination and legal authority.
It will address de-identification, differential privacy
and security controls.

8. Questions
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9. Contact Information
Dr Elizabeth Coombs | elizabeth.coombs@privacy.nsw.gov.au
Office: Level 3, 47 Bridge Street, Sydney NSW 2000
Post: PO Box R232, Royal Exchange NSW 1225
Website: www.ipc.nsw.gov.au/privacy
Email: ipcinfo@ipc.nsw.gov.au
Free call: 1800 IPC NSW (1800 472 679)