Providing Data files to Third Parties

Region: All States

Assessor Question:

I would like to find out if there's any regulations on giving out raw files (.frate) to clients who have requested for it?

TechLink Response:

• As a general rule it would not be normal for consultants to hand over their data files.
• The need for the files to be included in the work product should be included in the terms of the initial engagement agreement.
• The initial engagement instructions would need to include the requirement in order to provide the opportunity to refuse the commission if the request was deemed unacceptable.
• It is certainly not acceptable to be added afterwards as an afterthought.
• That said, when working in consultant teams it is sometimes appropriate to share files in order to deliver a project as expediently as possible.
• When data files are handed over, there need to be very clear protocols for security, privacy and manipulation of the file by third parties.
• The files should not be copied, opened, amended or forwarded by a third party without clear agreement from the author.
• As such a NatHERS data file may possibly be stored by a third party for record purposes only, for future audit functions in the circumstance that the Thermal Performance Assessor has destroyed the original file at a point in time after the mandatory record keeping period has expired.