The DSA Generator is digital tool that NSW Government agencies can use to create or update existing data sharing agreements.

The tool is designed to make sharing data safer and easier for government agencies by providing them with a simple online process for creating comprehensive and fit-for-purpose data sharing agreements.

Please note the DSA Generator is only a prototype to test whether this is something agencies need. It does not generate an actual agreement.

• It saves time and resources by streamlining and simplifying the process for creating agreements
• It builds confidence and trust among agencies sharing data by introducing a robust and transparent agreement process
• It reduces confusion and risks by providing clarity around the responsibilities of all parties
• It improves auditability by creating a centralised digital history of the agreement
• It meets user needs by ensuring the generated agreement is context-specific and tailored to users’ needs

When creating an agreement, the Data Recipient will need to initiate the process by answering a few questions about who they are, what data they would like access to, and how they intend to use it. They will then submit their answers to the Data Provider for review and approval.

The Data Provider will receive an email notifying them of the agreement request and a link to access the agreement. If the Data Provider approves the agreement request, they will need to answer questions about the data being shared and whether they would like to specify any additional security controls for the use, disclosure, storage, retention and disposal of the data.

If both parties approve the terms of the agreement, it can be submitted to both parties Authorised Representatives for final approval. The Agreement can be accessed using the unique agreement ID and edited and updated at any point. However, all parties to the agreement will be notified via email and asked to approve any changes.

Only to share data between NSW Government agencies

The first iteration of the prototype is aimed at facilitating data sharing between NSW Government agencies. This is because the tool only complies with NSW legislation. We’re starting small and we will expand the tool to other jurisdictions over time.

Only in situations where data cannot be made open to the public

This could be because the data is sensitive, contains personal information or health information, or contains legal, environmental, commercial or financial information that may be considered sensitive. As a rule of thumb, anything with a NSW Government Dissemination Limiting Marker (DLM) of 'Sensitive' or above should be shared under an agreement. If that data is not sensitive, then you should consider making it openly available.

Before data is physically shared or made accessible to the Data Recipient

Failure to negotiate a data sharing agreement before data is shared can lead to data sharing arrangements that are unlawful, inequitable, overly-burdensome, and potentially harmful to individuals and communities.

Discuss the agreement with the Data Provider

Before using the tool, the Data Recipient will need to establish contact with the Data Provider and discuss the details of the agreement. This will ensure the Data Provider has the data being requested and that the Data Recipient can answer the questions in the tool.

Having an informal discussion prior to using the tool can also help to expedite the process by creating trust between parties. It is recommended that the Data Recipient use this form that summarises all questions asked in the tool to help guide the discussion.

Obtain agency approval and nominate an Authorised Representative

The Data Recipient and the Data Provider will also need to need obtain approval from their agency to execute the agreement and nominate an Authorised Representative to approve it.

Different data sharing agreements will require different levels of authorisation. For example, while authorisation at the director-level may be suitable for one agreement, Secretary authorisation may be required for another. It is important to refer to your agencies delegation manuals and ensure the nominated Authorised Representatives have the necessary authority to approve the agreement.

The tool asks both parties approximately 25 questions each. The time it takes to complete will vary depending on the type of data being shared, the sensitivity of the project, the level of trust between the parties, and other contextual factors. Some agreements can require multiple iterations before it is approved by all parties.

• Completing the tool does not guarantee your agreement will be approved by the other party
• The tool will generate a uniqupanpm starte ID for each agreement. This ID will be required to access the Agreement and should be accessible to more than one person within your agency
• Data should not be shared until the agreement has been approved by all parties, including the Authorised Representatives
• All questions in the form can be saved and returned to at a later date
• When sharing sensitive data, you should check the generated agreement with your legal teams before it is approved
• Any party can edit the agreement at any time. However, all parties will be notified and asked to approve of any changes.
• Your answers to some questions may indicate that the data sharing arrangement is unlawful and result in the tool disqualifying your agreement. In this instance, please seek legal advice before proceeding with the agreement.

The DSA Generator is in the second stage of testing and represents a low fidelity prototype. We value your feedback so please try the tool out and let us know what you think via datansw@customerservice.nsw.gov.au

The NSW Department of Customer Service makes no warranty that the agreement generated is legally appropriate for any specific data sharing arrangement and accepts no legal liability for use of the generated agreement. Users of the tool should obtain legal advice specific to the circumstances of their data sharing arrangement and the legal rights and liabilities that may arise from the agreement generated.

DCS will maintain a private catalogue of all data sharing agreements created using the tool. The purpose of this catalogue will be to improve data sharing practices across the NSW Government. The details of your agreement will not be disclosed or published to any party without your consent.

For the purpose of this tool, data sharing means the use, viewing, transfer, linkage, disclosure or exchange of data between two or more parties. In some instances, data sharing may occur without having the data move from one place to another. Instead, the Data Provider may allow another organisation or individual to have access to the data.

An agreement between two or more parties to share data according to certain terms and conditions. Data sharing agreements identify the parameters which govern the collection, transmission, storage, security, analysis, re-use archiving and destruction of the data.

While most cross-government data sharing agreements in NSW are not legally binding, they are a useful mechanism to help establish trust between parties and ensure the data is shared appropriately, in line with legal and ethical requirements, as well as the Data Provider expectations.

If you would like to provide feedback or work with us on developing this tool, please get in touch!

We’re also looking to test the tool with people who are in the process of developing data sharing agreements – if this is you, please contact us at datansw@customerservice.nsw.gov.au