Respectful Handling of Data
Data sovereignty
The term data sovereignty has a hugely broad range of connotations. We do not aim to cover them all in this course. Typically, data sovereignty is focused on the understanding and adhering to the legal and ethical considerations associated with data collection, storage, and analysis in different jurisdictions. Researchers are expected follow and abide by the best ethical and legal practice whilst respecting individuals’ privacy and rights.
“For Indigenous peoples, historical encounters with statistics have been fraught, and none more so than when involving official data produced as part of colonial attempts at statecraft.”
Indigenous data sovereignty refers to the right or interest indigenous peoples and nations have to govern the collection, ownership, and application of their own data. As we are in Aotearoa this is most pertinent in the terms of māori data sovereignty.
Māori Data Sovereignty principles
“Māori Data Sovereignty has emerged as a critical policy issue as Aotearoa New Zealand develops world-leading linked administrative data resources.”
Te Tiriti o Waitangi/Treaty of Waitangi obliges the Government to actively protect taonga, consult with Māori in respect of taonga, give effect to the principle of partnership and recognize Māori rangatiratanga over taonga.
TASK There are many ongoing discussions that surround the Te Tiriti o Waitangi/Treaty of Waitangi, focused mainly on whether the statements of principles it outlines have been upheld. What do you think? Can you find a recent event/news article that relates to your studies, which either clearly upholds, or not, what you deem to be the correct ethical practice here?
Māori Data Sovereignty principles inform the recognition of Māori rights and interests in data, and promote the ethical use of data to enhance Māori wellbeing.
The Te Mana o te Raraunga Model was developed to align Māori concepts with data rights and interests, and guide agencies in the appropriate use of Māori data. Below are the guiding principles outlined by Te Mana o te Raraunga Model in th e Principles of Māori Data Sovereignty.
Rangatiratanga (authority)
- Māori have an inherent right to exercise control over Māori data and Māori data ecosystems. This right includes, but is not limited to, the creation, collection, access, analysis, interpretation, management, security, dissemination, use and reuse of Māori data.
- Decisions about the physical and virtual storage of Māori data shall enhance control for current and future generations. Whenever possible, Māori data shall be stored in Aotearoa New Zealand.
- Māori have the right to data that is relevant and empowers sustainable self-determination and effective self-governance
Whakapapa (relationships)
- All data has a whakapapa (genealogy). Accurate metadata should, at minimum, provide information about the provenance of the data, the purpose(s) for its collection, the context of its collection, and the parties involved.
- The ability to disaggregate Māori data increases its relevance for Māori communities and iwi. Māori data shall be collected and coded using categories that prioritise Māori needs and aspirations.
- Current decision-making over data can have long-term consequences, good and bad, for future generations of Māori. A key goal of Māori data governance should be to protect against future harm.
Whanaungatanga (obligations)
- Individuals’ rights (including privacy rights), risks and benefits in relation to data need to be balanced with those of the groups of which they are a part. In some contexts, collective Māori rights will prevail over those of individuals.
- Individuals and organisations responsible for the creation, collection, analysis, management, access, security or dissemination of Māori data are accountable to the communities, groups and individuals from whom the data derive
Kotahitanga (collective benefit)
- Data ecosystems shall be designed and function in ways that enable Māori to derive individual and collective benefit.
- Build capacity. Māori Data Sovereignty requires the development of a Māori workforce to enable the creation, collection, management, security, governance and application of data.
- Connections between Māori and other Indigenous peoples shall be supported to enable the sharing of strategies, resources and ideas in relation to data, and the attainment of common goals.
Manaakitanga (reciprocity)
- The collection, use and interpretation of data shall uphold the dignity of Māori communities, groups and individuals. Data analysis that stigmatises or blames Māori can result in collective and individual harm and should be actively avoided.
- Free, prior and informed consent shall underpin the collection and use of all data from or about Māori. Less defined types of consent shall be balanced by stronger governance arrangements.
Kaitiakitanga (guardianship)
- Māori data shall be stored and transferred in such a way that it enables and reinforces the capacity of Māori to exercise kaitiakitanga over Māori data.
- Ethics. Tikanga, kawa (protocols) and mātauranga (knowledge) shall underpin the protection, access and use of Māori data.
- Māori shall decide which Māori data shall be controlled (tapu) or open (noa) access.