Data Use Principles

  1. Home
  2. Regulator
  3. Regulatory Approach
  4. Data Use Principles

Use of Register Data - Principles

These principles do not override, diminish or otherwise affect the terms of the Concession Deed, or the Registrar General’s powers and obligations under legislation, regulation or the Concession Deed to approve or decline to approve uses of Register data.

Overview and purpose

The Registrar General is responsible for maintaining and administering several data registers related to land titling in NSW. These include:

  • The Torrens register (Part 6 of the Real Property Act 1900 (NSW))
  • The General Register of Deeds (Part 23, Division 1 of the Conveyancing Act 1919 (NSW))
  • The register of plans (Part 23, Division 3 of the Conveyancing Act 1919 (NSW))
  • The Central Register of Restrictions (Part 24 of the Conveyancing Act 1919 (NSW))

(the Registers).

The Registrar General regulates both the private operator of the Registers, NSW Land Registry Services (NSW LRS), and Electronic Lodgment Network Operators (ELNOs), who provide data into and receive data from the Registers. The Registrar General plays a critical role in overseeing and regulating the use of Register data by NSW LRS and ELNOs. The Registrar General also facilitates access to Register data for NSW government agencies, to perform legislative and governmental functions.

The purpose of this document is to establish the key principles which apply to use of Register data by NSW LRS, ELNOs, Government and industry.

Data Use Principles PDF version

The Registers are administered by the Registrar General pursuant to legislation. While NSW LRS operates and maintains the Registers under a 35-year concession, pursuant to legislative delegations granted by the State of NSW, the Registrar General remains responsible for ensuring that NSW LRS properly maintains and administers the Registers.

The Registrar General is responsible for overseeing how NSW LRS uses data, and how NSW LRS provides data to government agencies and customers, and to industry.

Government agencies have the right to use Register data in accordance with the relevant legislative purpose stated for that Register data. Each government agency is responsible for ensuring that their use of data complies with that legislative purpose.

Under the concession arrangements, NSW LRS has the right to maintain the Registers and provide core titling and registry services. Use of Register data by government agencies beyond current legislative purposes will need to be reviewed to ensure it aligns with NSW LRS’s rights under the concession arrangements. ORG assists with this review.

The Registers underpin the property market and property transactions in NSW. The Torrens register is supported by a state guarantee of title backed by the Torrens Assurance Fund.

Given the criticality of the Registers for the NSW property market and economy, any use of Register data must not undermine the security and integrity of the Registers. This includes but is not limited to ensuring that any use of Register data does not create a risk that the data could be used for fraudulent or improper purposes or used in a way that undermines the status of the Registers as the authoritative records of land and other interests in NSW.

The Registers include personal information. While the Registers are public and searchable, it is important that use and disclosure of personal information in Register data complies with federal and NSW privacy law, as applicable.

While the Registrar General is not the privacy regulator in NSW, it performs a critical gatekeeper role in identifying and assessing privacy matters and referring these to privacy regulators where appropriate.

In addition to privacy and other legal obligations, any proposed use of data must comply with NSW government policies relevant to data use.

The Registers are a valuable source of land information and property data. Subject to compliance with the Concession Deed and other legal, regulatory and policy requirements, the Registrar General supports the use of Register data to develop innovative services outside of core land titling and registry services, for the benefit of customers and the community.

Any person who proposes to:

  • access Register data other than through authorised channels maintained by NSW LRS, and/or
  • use Register data for a different purpose than that for which it is provided,

must first seek the Registrar General’s approval to do so. They must not use Register data without first receiving that approval.

The rights (including intellectual property rights) in the Register data are owned by the State of NSW or its licensors; accordingly, the Registrar General has the ultimate responsibility for approving or declining to approve these requests.