Communities and Justice

Data governance and privacy

Data Governance Framework

As an entity responsible for a large and unique cross-agency dataset, Family and Community Services Insights, Analysis and Research (FACSIAR) within the Department of Communities and Justice (DCJ) relies on strong data governance to perform its functions effectively and maintain a trusted reputation amongst its data partners, stakeholders and the general community.

The data governance framework outlines arrangements which apply to data collected and/or enhanced in connection with the Project, collected on our behalf (for example under collaborative or contractual agreements), and data obtained from all external sources.

Public Interest Directions

The creation and use of the Human Services Data set (HSDS) is enabled by the Public Interest Direction and Health Public Interest Direction (PIDs) by the NSW Privacy Commissioner under the PPIP Act and the HRIP Act.

Under section 41(1) of the Privacy and Personal Information Protection Act 1998 (PPIP Act) and section 62(1) of the Health Records and Information Privacy Act 2002 (HRIP Act), the NSW Privacy Commissioner may make a public interest direction that exempts a public sector agency from the requirement to comply with one or more information protection principles (IPPs), or health privacy principles (HPPs), or which modifies the application of an IPP or HPP.

Section 41(3) of the PPIP Act and section 62(3) of the HRIP Act provide that the Privacy Commissioner can only make a public interest direction where satisfied that the public interest in requiring the agency to comply with the IPPs or HPPs, is outweighed by the public interest in making the direction.

The PIDs govern the extent to which FACSIAR and participating agencies may depart from the IPPs and HPPs for the purposes of the Project. This permits government agencies to collect, use and disclose data in ways that would otherwise be precluded by privacy legislation. In the case of the HSDS, the PIDs permit the collection and linkage of administrative datasets across government agencies, so that the data can be re-used to design and deliver better government services for vulnerable children or young persons and their families.

The PIDs contain clear and defined Approved Purposes for which data can be disclosed, collected and used. FACSIAR and participating agencies cannot depart from the Approved Purposes and must adhere to the modifications and exemptions granted.

FACSIAR reports annually to the NSW Privacy Commissioner on compliance with the PIDs.

The PIDs will expire on 13 January 2027. The Project Team is developing a Privacy Codes of Practice and Health Privacy Codes of Practice as a long-term replacement for the PIDs.

Your privacy and personal information

Your personal information is extremely valuable. The Human Services Dataset Privacy Policy (PDF, 544.5 KB) explains how Personal and Health information is collected, stored, used and disclosed. This Policy also explains how you can apply to access or correct your Personal and Health information and how to lodge a privacy complaint (internal Review).

Access to Personal or Health Information

You have the right to access or correct your Personal and Health Information collected for the Project. Please contact the Project Privacy Officer for more information, see details below.

Privacy complaint (Internal Review)

If you believe that your personal and/or health information has been mishandled as part of the Project, in contravention of the Information Protection Principles and/or the Health Privacy Principles as modified by the Public Interest Directions, you have the right to request an Internal Review. complete the Internal Review Form available at the end of the Human Services Dataset Privacy Policy (PDF, 544.5 KB) and submit it to the Project Privacy Officer using the contact details provided below.

Other key policies

FACSIAR and its contracted entities must comply with specific privacy, data sharing and records legislation, and with relevant NSW Government frameworks and policies.

Key policies include:

  • HSDS Data Breach Response Plan (PDF, 158.0 KB). This plan sets out procedures for responding to and managing data breaches in connection with the Human Services Dataset.
  • Human Services Dataset De-Identification and Five Safes Framework Policy (PDF, 469.1 KB). This policy outlines how the De-Identification Decision-Making Framework and NSW Government’s Data Sharing Principles (based on the Five Safes Framework) have been incorporated in managing disclosure risk when data is released to approved data users for research and analysis for or made publicly available.

Privacy Officer contact details

Email: dataprivacy@dcj.nsw.gov.au

Postal address: NSW Department of Communities and Justice, FACSIAR, Data Privacy and Governance Team, Locked Bag 5000 Parramatta NSW 2124.

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