Considering Indigenous data in research

Indigenous Cultural and Intellectual Property (ICIP) refers to Indigenous peoples’ rights to their cultural heritage, traditional knowledge and traditional cultural expressions. This is enshrined in the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). Where a research project is being undertaken it is important to consider what ICIP is incorporated, and how ICIP will be protected.

In addition to considerations relating to ICIP, a research project may involve Indigenous Data (ID). This involves data about, or from a First Nations person/community – and can include ICIP, private information and intellectual property (IP) material. Where research involves ID, there must be considerations of ICIP best practice, privacy and IP obligations and Indigenous Data Sovereignty (IDSov). The right to IDSov is also enshrined in the UNDRIP. IDSov is the right of First Nations peoples to exercise control over their ID, expressed throughout the data ecosystem (collection through to destruction). The application of IDSov is through implementation of Indigenous Data Governance (IDGov). Where a research project is being undertaken with information on or about First Nations people it is important to consider how to ensure IDSov and implement IDGov.

Further resources to assist in your knowledge of best practice engagement with First Nations people and their ICIP, please refer to:

• UNDRIP Community Guide - Assists Aboriginal and Torres Strait Islander people familiarise themselves with UNDRIP and how the rights can be used in everyday life.
• UNDRIP Business Guide - Provides practical guidance for business to understand, respect, support the rights of Aboriginal and Torres Strait Islander people, and embed those rights into business practices.
• AIATSIS Code of Ethics for Aboriginal and Torres Strait Islander Research – Guides ethical research practices when working with Aboriginal and Torres Strait Islander people and ICIP.
• NHMRC Ethical Guidelines for Research with Aboriginal and Torres Strait Islander Peoples – Provides the framework for how researchers and participants should be working together on research with Aboriginal and Torres Strait Islander Peoples and communities.

Further resources to assist in your knowledge and implementation of IDSov and IDGov, please refer to:

• Maiam nayri Wingara – The Australian Indigenous Data Sovereignty Collective.
• Global Indigenous Data Alliance – Details on the CARE Principles for data governance.
• Productivity Commission Report – Review on the progress of the National Agreement on Closing the Gap which calls for fundamental changes to deliver on the Agreement.
• Lowitja Institute & Maiam nayri Wingara Discussion Paper – Provides guidance on data governance for Aboriginal and Torres Strait Islander people and communities.

* Janke, T. (2021) True Tracks: Respecting Indigenous knowledge and culture