Dataplace

Under the DATA Scheme, foreign individuals may access data as part of a data sharing project, provided the requirements of the Data Availability and Transparency (National Security Measures) Code 2022 (the National Security Measures Code) are met. For the purposes of the National Security Measures Code, a 'foreign individual' is defined as 'an individual who is neither an Australian citizen nor a permanent resident'.

A Foreign Individual Form will be made available for foreign individuals to complete during the Collaboration in Progress stage to finalise a data sharing agreement. Each foreign individual participating in the data sharing request must complete a Foreign Individual Form before the data sharing request can progress to the For Approval stage.

The completed Foreign Individual Form and an electronic copy of the finalised data sharing agreement will be sent to the Australian Security Intelligence Organisation (ASIO) to comply with subsection 6(2) of the National Security Measures Code. The Office of the National Data Commissioner (ONDC) and Dataplace will act as a conduit between your organisation and ASIO but will have no visibility or access to the completed Foreign Individual Forms.

Identifying foreign individuals in an agreement

For DATA Scheme data sharing agreements, foreign individuals are required to be named in a data sharing agreement in the People tab of the data sharing request. Before the data sharing request proceeds to For Review, details about the foreign individual will need to be completed in the data sharing request. The foreign individual is required to have completed their Foreign Individual Form before the data sharing request progresses to For Approval. For additional information, see Collaborate to an agreement.

This also applies if a foreign individual is added to a variation of a DATA Scheme data sharing agreement. For more information about variations for foreign individuals accessing data, see Variation to an agreement.

Completing the Foreign Individual Form

Foreign individuals requiring access to data in a data sharing project will receive an email with a link to the Foreign Individual Form. The ONDC and Dataplace will have no visibility of the Foreign Individual Form.

To access the Foreign Individual Form, you will be required to enter a verification code which will be sent to your nominated email in the People tab of the data sharing request.

Note: The Foreign Individual Form is designed to be completed in a single sitting. No prefilled information will be saved should the Foreign Individual Form be exited and returned to later. The Foreign Individual Form may be recompleted if a mistake is made, noting the form will need to be completed in its entirety again. Once the data sharing request has moved to For Approval, no further access to the Foreign Individual Form will be permitted.

An outline of the questions in the form is provided along with explanatory text to assist individuals in completing the form. All mandatory questions will be indicated with a red asterisk (*).

Question	Guidance
*Name	You will need to provide your full name including: · First name · Middle name (if any) · Last name (this can otherwise be known as a family name).
Previous names	Provide any previous names which you were known by, including: · Birth name · Alias · Name before marriage · Adopted name. If you have more than one, please select 'add'.
Preferred name	If you are known by a different name in your day-to-day life, you can provide this name.
*Specify your nationality	You will need to provide the country or countries that you have a legal status of belonging to.
*Date of birth	You will need to provide the date of birth in the format: DD/MM/YYYY.
*Place of birth	You will need to provide the town or city, as well as the province, district or state, if known. Your country of birth is mandatory.
*Current employment	If you are currently employed, provide the following: · Name of the employer · Full address of place of employment including street number, street name, city, state and country · Work email address · Work telephone number (including country and area code if relevant). If you have more than one current employer, select 'add'.
*Providing a service under contract	Provide any details about any current contractual arrangements for provision of services, including: · Name of the other party/parties · Physical work address · Description of the service being provided.
*Authorisation to act as agent	Identify if there are any current or previous arrangements under which you are authorised to act as the agent of any of the following: · A foreign government, · A foreign government authority, or · Any other foreign entity. Note: ‘Foreign entity’ means a body corporate incorporated outside Australia, or an unincorporated body formed outside Australia that does not have its head office or principal place of business in Australia. It may cover bodies corporate established or controlled by foreign governments, private sector entities, not-for-profit entities and international organisations.
*Personal contact information	You will need to provide the following details. If there is more than one, please select ‘add’. · Personal email address(es) · Personal mobile telephone number(s) (including country code).
*Role in data sharing project	You will need to provide a description of your proposed role in the data sharing project, consistent with the role described in the Dataplace project form. You will also need to provide your designation under section 123 of the Data Availability and Transparency Act 2022 (DAT Act). There are six possible options under the DAT Act (s123(1)): 1. An authorised officer or authorised individual of an entity 2. A statutory office holder of an entity 3. An APS (Australian Public Service) employee who isn’t a statutory office holder 4. An employee, officer or member of an entity not covered by 2 or 3 above 5. An individual under a contract with an entity 6. An individual acting as an agent for an entity. A link to Designated Individuals guidance note is provided in the Foreign Individual Form to help determine your designation. If you are still unsure of your designation, you can consult with your Dataplace organisation administrator or the person who nominated you in the data sharing project. Note: If you are a university employee, your designation is likely to be #4, although you may be under a contract or acting as an agent. For Australian state/territory individuals, your designation is likely to be #5.