Data and Statistics Bill

50 Statistician must be satisfied individual, public sector agency, or organisation seeking access to data is appropriate researcher

(1)

In determining under section 48(1)(b) whether an individual, public sector agency, or organisation seeking access to data for research is an appropriate researcher, the Statistician—

(a)

must take into account whether the individual, public sector agency, or organisation (or, in the case of a public sector agency or organisation, each individual within the agency or organisation whom the Statistician considers to be a relevant individual) has the experience, knowledge, and skills to—

(i)

access and use the data for the proposed research; and

(ii)

access and use the data in an ethically and culturally appropriate manner; and

(iii)

protect the privacy, confidentiality, and security of the data; and

(b)

may, to the extent relevant, take into account any 1 or more of the following:

(i)

whether the individual, public sector agency, or organisation will engage with the individual, public sector agency, or organisation that provided the data to the Statistician if it is desirable to do so:

(ii)

whether the individual, public sector agency, or organisation has appropriate connections to, understanding of, or support from the individuals who are the subject of the data or the communities to which the data relates:

(iii)

whether the individual, public sector agency, or organisation will share the results of the research with the individuals who are the subject of the data or the communities to which the data relates.

(2)

In taking into account whether a public sector agency or an organisation has the experience, knowledge, and skills described in subsection (1)(a)(i) to (iii), the Statistician may take into account any 1 or more of the following:

(a)

whether 1 or more individuals seeking access to the data on behalf of the agency or organisation individually have the experience, knowledge, and skills:

(b)

whether 1 or more individuals seeking access to the data on behalf of the agency or organisation together have the experience, knowledge, and skills:

(c)

any other matters that the Statistician considers relevant.