Introducing the Framework for the Governance of Indigenous Data
Watch on YouTubeVideo summary
The Framework for the Governance of Indigenous Data is a strategic initiative developed by the Indigenous Data Network to empower Aboriginal and Torres Strait Islander communities in collecting, managing, and utilizing their own data assets. Rather than relying on the legally contested concept of "data sovereignty," which lacks enforceability under current Australian laws regarding state-held custodianship, this framework proposes "Indigenous Data Governance" as a pragmatic alternative grounded in self-determination. It defines Indigenous data comprehensively to include any information collected about or by these peoples within their cultural contexts and emphasizes the principle of "data rematriation," which focuses on the respectful return and handling of cultural materials rather than simple repatriation. The initiative is built upon five core guidelines that recognize indigenous rights, foster trust-based partnerships with Indigenous leadership at the center, build technical and institutional capabilities such as cybersecurity training, enable community-defined priorities through transparency, and create an inclusive ecosystem across various research sectors.
To ensure long-term viability and ethical usage, the framework challenges colonial data practices by drawing on care principles and advocating for co-designed formal agreements like memoranda of understanding that reflect Indigenous governance protocols. It is designed as a living document intended to evolve alongside community feedback, legislative changes, and emerging technologies such as artificial intelligence. Practical implementation focuses on developing an Indigenous Research Data Catalog using international standards for interoperability while supporting diverse formats, including historical items like wax cylinders and manuscripts in various languages beyond English. The approach also addresses significant ethical challenges regarding consent, particularly when dealing with datasets that lack explicit individual permission, by exploring revised opt-in or opt-out models to ensure free, prior, and informed consent despite digital literacy barriers.
Successful application of the framework is illustrated through partnerships like those between community organizations, the Australian Institute of Health and Welfare, and academic institutions to create urban Indigenous health dashboards that combine local governance with epidemiological expertise. These collaborations demonstrate how rich metadata can be embedded in source materials to track digital provenance and protect against misuse by generative AI systems or major tech companies scraping data without attribution. While acknowledging global parallels in settler states like Canada, New Zealand, and the United States, as well as concerns about data extraction affecting African nations, the framework prioritizes practical tools over political slogans to address widespread exclusion of Indigenous peoples from digital systems. Ultimately, this strategic document aims to operationalize through workshops and institutional adoption rather than static distribution, ensuring that technological advancements like AI are managed with respect for cultural integrity and community priorities on a global stage.
Read the full video transcript
Good morning everybody. Uh
it's so terrific to be here with you
again today uh to talk about this
exciting new development
the publication of the framework for
indigenous data governance
and two of the I'm going to acknowledge
the traditional owners first of course I
haven't got my
PowerPoint up So
it doesn't it doesn't go in there.
>> Yeah, why don't I do it there? Thank
you. Thank you. Clarity.
Uh we acknowledge the Garner people, the
Aboriginal people uh traditional owners
of the lands where we meet. We pay our
respects to their elders, past, present,
and emerging and the place of indigenous
knowledge in the academy.
So, uh, I went looking for some images
of the Ghana people last night and
found, uh, this incredible painting by
Alexander ShraMM from 1850,
um, Adelaide, a tribe of natives on the
banks of the river Torrance. Um, and you
can see, uh, how many people there were.
And, uh,
you know, it's a village.
and and soon after that they were moved
out of the area. But
the next image is a map of the Ghana
people's native native title
determination
area. So it's um
a small act of justice for the
uh terrible
impacts of colonization on the Ghana. So
I want to be very clear that we
appreciate being on their country and we
acknowledge their traditional ownership.
So,
just a little bit about our work. Well,
who we are and
nothing works.
It's not moving. Another arrow.
Different arrow. That one. There we go.
Right. So the Indigenous Data Network
was founded in late 2017
following the inaugural Australian
Indigenous Data Sovereignty Symposium
held at the University of Melbourne
which Kristen and I convened with others
from the Australian Institute of
Aberinal and Toouristra Islander Studies
and the ANU.
So this is a national network and we aim
to provide a collective base from which
to support and drive better data
outcomes for ainal and toristra islander
peoples. The network aims to support
indigenous communities. Well, we don't
just aim to, we do uh and community
controlled organizations to collect,
manage, and utilize data assets relevant
to their needs and aspirations and
promote indigenous data empowerment.
So our uh project funded by the
Australian Research Data Commons
um well there's actually two of them and
I don't want to take up a lot of time
here because uh the project that Robert
is involved in um also funded by the
ARDC Alaka which you heard a bit about
yesterday but not enough. So just to say
our project is uh titled improving
indigenous research capabilities
building an aberinal and toouristrate
islander data commons and you'll
remember that I put the the website up
yesterday. So the purpose of that of our
project is better understanding of
indigenous research communities across
Australia, better understanding of
indigenous data across Australia,
development of an indigenous research
data catalog and we've done that and Les
Nebones there he's been working on that
with um Nick Carr, they'll talk about
that later.
um
data rematriation prototyping.
So right we're girls right? So instead
of repatriation we think rematriation
is a better way of describing the
process. Um
technical architecture based on cat
cataloges of data assets using DCAT 2
international standard for
interoperability between data cataloges.
And as I said, you'll hear about that
later. Training and education to build
indigenous research data cap
capabilities across the nation. So, so
far we have one accredited indigenous
data governance subject. But you know
events like this also I believe provide
foundational training in these matters.
Um
so
we have substreams of work and teams of
people working on the substreams
uh indigenous data catalog resources and
extensions indigenous spacio temporal
frameworks and infrastructure. So if you
go to our indigenous data commons site,
you'll see an interactive map um
indigenous uh data capability building
for digital futures, indigenous
repositories and data rematriation.
Um and these are the main elements of
what we regard as indigenous data
governance and sovereignty.
Um we have five communities
uh in our network. Um
so there are five communities of
indigenous research data custodians.
There are organizations themselves,
universities, researchers and other
research bodies. You remember yesterday
I talked about orphan data sets as one
of the problems uh for that community.
um the glam sector, galleries, libraries
and museums
um and you know archives
um Commonwealth State and Territory and
local governments and the private
sector.
Um so that that's a list of all of our
partners and our project team. Um
so let me hand over to Robert on Aldaka.
Thank Thank you, Marcia. Um I'm going to
juggle some laptops here.
Doesn't fall off.
Okay. So, I'm just going to speak a
little bit about um Eldaka, which you
would have heard. Um we took a little
deep dive into the Arocorrate method
yesterday with my colleagues Simon and
Ben. Uh and that was that was very good
as well. So you already had a little
sort of taste but we haven't given you
the general kind of overview. So I'll
try and do that somewhat briefly. Um
this is a slide that really talks about
what we're doing. LDAC is the language
data commons of Australia and I guess I
want to talk a little bit about why why
we're established and why we're doing
the work that we're doing.
There are more than 400 languages
actively spoken in Australia and of
course on this continent it's home to
the oldest continuous living cultures um
oldest continuous living civilizations
in the world and also to Australia is
situated in one of the most uh
linguistically diverse regions on the
planet that being the Asia-Pacific
region. So there's a lot of languages
spoken in this area of the globe. And
also too, one of the other reasons why
we're doing the work that we do is the
fact that generative AI and machine
learning are now fundamentally changing
the ways uh in which researchers and
communities can engage uh with language
and text uh textual data.
It's dawned on me that I have missed uh
our partners, our collaborators slides.
So, I really do apologize for that. Um
but we we have a uh I'm going to try to
do it off the fly now and embarrass
myself. We have a few partners. We have
um uh we collaborate with the A&U,
Sydney University, Melbourne, University
of Melbourne, the Bachelor Institute of
Tertiary Instit uh tertiary education,
uh the AIDC,
uh the uh First Languages Australia,
which is the peak body for indigenous
languages in Australia.
>> Simon, have I miss I've got everyone.
UWA. Yes. Yeah.
Okay. So, this slide I want to share
with you is just looking a little bit
around the structure, how we kind of
conceptualize data. Specifically, we're
working with language and cultural data.
So often a lot of the materials that you
will find that are in glam collections
that are in university repositories uh
in an indigenous data context it is uh a
lot of that material uh language
manuscripts could be old recordings on
wax cylinders. it. The format of the
data is really diverse and it's often in
precarious or uh
uh situations that aren't so secure like
the example we gave the other day of uh
m you know manuscripts in boxes in the
back shed you know so they're not
necessarily safe uh safely kept some are
but also to the work of Aldaka does
extend slightly beyond uh indigenous
data to encompass uh other other
language material aterials like old
English, um, uh, migrant and minority
languages, uh, uh, oslang sign, that
sort of stuff as well. But when it comes
to language and cultural data for us,
uh, you'll see up there at the top
slide, it's about it's about finding,
securing, collecting, and organizing.
Now, when we look at the tools that we
use and particularly the skills that we
need, it's about analyzing the data.
It's about repurposing it. And it's
about training those who work with the
data. So that's a big part of what we do
also. Uh and always at the center of
that it is people data. It's data about
us. Uh and in some instances it's data
by us. But at the heart of the project
we seek to contribute to indigenous data
ecosystems with a strong emphasis on
data for us. um whereby indigenous
communities can truly derive benefit
from data in meaningful ways that center
community priorities um community
determined priorities and I think that
was a big driver for why we had uh such
an active involvement in the framework
because that's what it seeks to do
and I will
these are some of the challenges that we
have faced uh particularly in regards to
the condition of language and cultural
materials. I'm not going to go through
them, but please feel free to take a
photo. Um, and certainly this is not
conclusive by any means, but uh what we
found thus far. So, please if there's
other ones, I I'm very interested in
hearing your um data stories or else the
condition of of them as well.
Uh the other one I would like to share
with you just in closing, actually I got
two more. This is our activity streams.
This is how we're structured across uh
five different activity streams. Um this
is the way in which we work and then
we're broken down into like 101
different work packages. So there's a a
lot of that's the way we're structured.
That's the way we're going about uh
managing the work that we do because a
lot of people will say well where do you
start? How do you it's it's a mammoth
task. Even even one priority one
priority of trying to find all
indigenous language material that exists
is uh seems insurmountable
but it's an ambitious goal one of many
that we have and the last one actually
sorry second last one I want to share
with you um this the the purpose of this
slide is just to really give you uh a
demonstration of
where some of the that indigenous data
in here particularly language and
cultural data. So that's some of the
places in which we find it.
Uh I'll probably finish there but this
one is just to say that um as as was
made clear in Ben and Simon's pres uh
presentation yesterday that the there's
a strong importance on the long-term
preservability of data. Uh and the this
just echoes that um we have the pillars
pillars protocols there which you can uh
scan that QR code and you'll you'll get
to see um the pillars protocols that we
developed for implementing long-term
archival repositories.
Uh and also to this one is just
highlighting the Arocrate standard and
packaging the metadata uh with the data
all together through that process.
Uh, I will hand my hand back to you,
Marcia.
So, this is more or less an official
launch, isn't it? Uh, so three of the
authors are here, Jenny's over there,
and there's somebody missing. Who's
missing? That's it. It's us four. Yeah.
So, uh this is the framework for the for
the governance of indigenous data,
humanities, arts, social sciences and
indigenous research data commons. Um
it's downloadable.
Um
if you go to the ARDC website and find
>> it's
>> and it's in your welcome pack as well.
Yeah. So, there are no printed copies.
>> I thought it was because we were so
green, but anyway, uh you're proposing
to publish some, are you?
>> Yeah.
>> Yes. So, that's a very good
point of view. Um so the document is not
a static document. It will change over
time and so publishing hard copies you
know would be a a waste of resources
given that uh this will develop very
quickly especially as people like
yourselves begin to use it. So uh
importantly here and I spoke about this
yesterday in this document we have a
definition of indigenous data
data generated intentionally or not by
about or for Aboriginal and toouristr
islander people. Indigenous data refers
to information in any format or medium
collected, analyzed, stored, and
interpreted within the context of
indigenous individuals,
collectives, populations, entities,
lifeways, cultures, knowledge systems,
lands, biodiversity, water, and other
resources.
It includes data collected, used or
stored by any agency, department,
laboratory, organization, corporation,
statutory body, university or research
institute
conducted by, with and about indigenous
people
or that should say or peoples. I hope
it's not a typo in the book. Um, and
data that indigenous communities have
generated and maintained themselves.
So you can see that we've been very
comprehensive because and I'm not going
to say that you know this is the most
fought over
contested definition in the history of
the Australian government funding
indigenous efforts but it's got to be
close to it. Um people who
um are concerned with fish and oceans
objected to this in the first instance.
Um and you can see why you know they
want to exclude us from their their data
sets. So
this was developed some years ago as I
said yesterday at roundts like this
where people raise their concerns about
what could indigenous data sovereignty
mean in practice. Well unless we have a
strong comprehensive definition like
this you know we're talking word salad.
So uh I wanted to particularly draw your
attention to that and you'll note that
yesterday and today we'll talk about
indigenous data assets and that's a
different category but just so you know
that we have put a lot of work um
into in into the definition.
um and it rem there's work work that
remains. We need to define other
concepts as well.
So we've done some thinking about
indigenous data sovereignty as a
concept. Sorry.
Um
and I want to make this point here
briefly today.
The concept of indigenous data
sovereignty has emerged as a powerful
manifesto of indigenous people's rights
to control data that relates to their
communities, cultures, lands, and
knowledges.
It is grounded in the broader political
and cultural struggle for
self-determination and the reclamation
of authority over indigenous knowledge
systems. And you know it was really
Cucatai and Taylor who brought this
concept uh to our attention in their
publication in 2016 which is
downloadable from the A&U press website
by the way
and there's been a lot of literature
since in Australia the movement has
gained momentum in response to the
historical and ongoing extraction
misrepresentation
uh and manage mismanagement ment of
indigenous data by state and
institutional actors.
Although the language of of sovereignty
may hold political resonance, it is also
conceptually and legally fraught in
contexts such as Australia.
Indigenous sovereignty is not formally
recognized by the state and as such
lacks enforcable legal status.
This creates a fundamental tension.
Indigenous communities may assert
sovereignty over data but without
institutional
sorry
without institutional mechanisms to
uphold these claims sovereignty remains
largely symbolic.
The concept of sovereignty traditionally
associated with supreme authority,
independence and self-governance within
defined territorial boundaries
and of course it originates
in Europe
um in the context of wars, conflicts and
so on. um has been a foundation of
international law and political theory
again most of it European in the
Westfallian model of nation states
sovereignty encompasses territorial
integrity legal authority and
non-intervention principles however
applying this concept to indigenous
contexts particularly when addressing
indigenous data presents significant
theoretical and practical challenges
So we've written about and it's not
published yet several of the
epistemological and ontological
obstacles.
The digital nature of much data
transcends geographical boundaries
complicating jurisdictional delineations
and that's what most of the big debates
in the world are about. crossber flows.
That's what the debates are about. And
we know now with the, you know, AI
seeping into every aspect of our world,
talking about borders and sovereignty is
not a winning strategy.
We need to come up with a some more
ideas. Um
the frequent traversal or flow of data
across multiple jur legal jurisdictions
problematizes the assertion of exclusive
sovereign control sovereign control.
This complexity is a particular is
particularly acute for indigenous
peoples around the world whose existence
within nation states that claim
overarching sovereignty creates
potential conflicts in the assertion of
data rights. The intangible and fluid
nature of data further challenges
conventional notions of possession and
control central to sovereignty
discourse. Finally, and most
importantly, in Australia, data are
legally held by government authorized
data custodians under Australian law and
hence these data custodians have
substantial ownership and control rights
over the data. The possibility of
indigenous peoples or entities
successfully claiming ownership and
control over such data is extremely
unlikely. At present, the DAT act as I
talked about yesterday does not include
any mention of indigenous people,
indigenous data or data relating to
indigenous people.
So, you know,
I won't uh go on any further, but just
to say that, you know, to sum up the
rest of the argument here, data is
always relational, right? We could too
easily be dragged into you know cooker
theories of
um what's their mad idea sovereign
citizen sovereign citizen right I think
a lot of the cooker theories of the
sovereign citizen have infected our
world and we you know we have to be very
clear we have to be very scientific and
rational about this um
you know for those of you don't know
what I'm referring to there. Desi
Freeman, right? That kind of sovereign
citizen. Um,
so
we say that the point is to negotiate
these rights under the principle of
self-determination. If we're going to
talk about something meaningful, we need
to
operationalize self-determination and
negotiate uh the rights.
And that means of course, you know, very
strongly asserting on behalf of our espe
especially our community control sector,
their ownership of their indigenous data
assets. When we first started talking to
Canberra about this, they, you know,
literally had no idea what we were
talking about. Um,
I can't get this to work.
>> Oh, the right arrow. Yeah, I'm pressing
the white. I'm pressing it.
Oh, I've I've pressed all of them. None
of them are working. It's fro. Oh, there
we go. Indigenous data governance. And
the next topic is indigenous cultural
and intellectual property. So Kristen,
do you want to take over at this port
point and talk about indigenous data
governance as the alternative
and the only rational alternative to the
concept of data sovereignty?
>> Sure. Thanks, Marcia. I'm not going to
go into it in huge detail because these
are all concepts that you can read about
in depth in our framework. Um, and it it
it really just sets out some of the
rationale that our projects are are
drawing on and hopefully it sort of
clarifies some of these issues. But we
really are using indigenous data
governance um in general rather than
indigenous data sovereignty. Um, our our
logic is that we think in in Australia
it offers a more pragmatic and
culturally appropriate framework for
addressing the complex challenges of
data man management in indigenous
contexts. And this is sort of the way
that we're thinking about it in the
context of um research data um in our
day-to-day working lives when we work
with different communities, different
data sets, uh different structures, with
government authorities. Uh it just seems
to provide a far more um tangible way of
approaching these issues related to
power and data in Australia for
indigenous people.
Uh we also have a section in the
framework where we set out um out how we
refer to the rights of um Aboriginal and
tourist rate islander peoples in
controlling, protecting and benefiting
from their cultural heritage. So
indigenous cultural and intellectual
property.
Um, article 31 of the United Nations
Declaration on the Rights of Indigenous
Peoples affirms these rights
encompassing cultural expressions, oral
traditions, ecological knowledge, and
intellectual property derived from
indigenous sciences, technologies, and
practices. And in the work that we're
doing, we're finding regularly that this
is a a growing issue for indigenous
people across Australia and undoubtedly
in internationally. In Australia there
there aren't any um legal frameworks
that actually protect ICIP. Obviously we
have copyright laws which do protect
some of this but there's huge comp
complexity when we start thinking
through the problems that are faced um
by all of us on a day-to-day basis. For
example, I was up in um Anamland in Yala
last week working um we've got a one of
our activities where we're working with
the bilingual school up there. They've
got an archive of about 50 years or more
of bilingual material and trying to
untangle the copyright, the IP and the
ICIP in just one archive is
extraordinarily complex. Um, it requires
a great deal of of legal expertise, but
also even trying to understand who
should be the legal holder of these
rights. So, it it's not a simple issue
and it's one of the big challenges I
think that we need to face across
Australia. But as I said, we've got a
section in the in the framework document
that goes into this in a little more
detail.
But just to introduce um for those of
you who haven't had a chance to read
through the framework document yet, the
governance model that we're proposing.
So it's built around five components or
guidelines. The first one being
recognizing indigenous data assets. So
that's acknowledging the ownership and
rights of indigenous people and entities
over their data including observing
their legal rights to use, share, store
and report such data and complying with
their decisions while also supporting
their status as data custodians.
Uh the second guideline is to partner
with Aboriginal and tourist rate
islander people. So this is to make sure
that um there is collective benefit,
meaningful representation of and
collaboration with indigenous
communities, respecting their
perspectives and complying with their
rights.
Um the third one is building and
enabling data related capabilities. So
this guideline is about empowering
indigenous data custodians and
stakeholders with the skills and
resources necessary for effective data
management and utilization and
especially data ecosystem maturity
including cyber security measures to
enable their qualification for data
access.
Uh the fourth uh capability is looking
at self self-determination.
Uh so that's providing knowledge,
accessibility and usability of data
assets. Making sure that indigenous
communities and and of origin and
peoples have access to and benefit from
data resources. Emphasizing
transparency, inclusive inclusivity to
galvanize and support indigenous
self-determination.
Uh the fifth guideline is is looking at
building an inclusive data ecosystem. So
making sure that we're fostering
collaboration and inclusivity within the
research data landscape to promote and
foster greater accessibility, collective
growth and understanding.
So
as you go through and have a look at our
framework, we go into a great deal of
detail about how you as data custodians
or researchers or archavists can
actually look at implementing or
operationalizing this framework. We draw
on a number of principles including the
fair and care principles predominantly
the care principles which you would have
heard a lot about yesterday as well. Uh
in terms of recognition of of indigenous
art assets, as Marcia mentioned
yesterday, a lot of government agencies
who uh provide funding or or pol write
the policies uh have very little
understanding of indigenous assets held
by indigenous people across Australia.
Whether we're thinking about the
hundreds of ACOs across Australia who
hold medical and and other data for
different community members or whether
we're talking about the legal agencies,
whether we're talking about a variety of
ACOs who develop and gather their own
data. Um so we thought it was very
important as I said whether it's
government agencies, universities or
institutions to recognize these assets
and the the vital detail that's held in
these assets.
So in terms of the governance logic of
this this particular guideline,
recognition affirms the legitimacy of
indigenous governance systems and the
authority of indigenous communities to
determine how data about them is
collected, interpreted, and used. It
challenges colonial data practices that
have historically excluded indigenous
voices and repositions indigenous people
as central agents in data governance.
and its conceptual role is in the
foundation of of the framework. So this
recognition underpins and enables all of
the other governance um functions within
the HS and indigenous research data
commons. It legitimizes indigenous
authority and sets the conditions for
ethical research engagement.
Do you want to jump up?
Thanks.
Uh so we're moving on to partnerships.
Did it again
there. So I want to make uh this clear.
What what we've discovered in our work
is that a formal contractual partnership
uh is a huge benefit um and is very
clear whereas a a non-contractual
collaboration
um
you know leaves too much uh room for
doubt and it's not a great trust
building platform. So if we can
transition what are you know very often
very happy collaborations into a formal
partnership it protects everybody's
rights. We just to say like this is an
aside we're we're pretty concerned about
how universities
uh assert intellectual property over
other people's um intellectual property
especially cultural property because
they don't know what it is. I can't
imagine that there's cultural property
in it as an out, you know, as an input
to a research project. They just can't
see it. Too long a story to explain, I
suppose. But the only thing they will
recognize are the intellectual property
uh rights of academics who publish. And
you'll notice that a lot of researchers
now are
are co-authoring with the people the
ainal people that they've been
conducting research with.
So that's a good simple measure, but we
have to think of more ways to protect
people's intellectual and cultural
property rights in research outputs um
and in archives. So this problem that
Kristen's wrangling in Arnamland really
difficult you know uh but it can be done
um it's we we will probably have to have
a workshop for instance and I'm trying
to make this very practical for you'll
have to have a workshop people like us
in this room on um intellectual property
disclosures and registers you know what
terminology can we develop to best
register
indigenous intellectual property and
cultural property interests. So, you
know, let's let's work on that. Um, so
partnership here refers to the
establishment of genuine, respectful,
and enduring relationships with
indigenous people and entities that
center indigenous leadership,
priorities, and governance. It
recognizes indigenous peoples not only
as stakeholders but as co-creators,
co-managers and co-deision makers in all
aspects of the data life cycle. And
that's why I mean
when I say
that formal contractual partnerships are
so much more robust because it's too
easy for people to slide out of these
arrangements.
Um because yeah, it's hard work. Um
partnerships must be based in trust and
shared authority and must reflect
indigenous governance protocols and
cultural values. Well, that's all well
and fine until you run into the
commercialization officer at your
university. You see what I mean? Um
and there are plenty of other people who
want to raid our you know research
outcomes and data. Um so
this is a a serious matter for all
researchers to consider.
Governance logic partnership
operationalizes
recognition by embedding indigenous
leadership and co-design into governance
structures. It ensures that governance
is enacted through indigenous agency not
merely symbolic inclusion.
Um partnership is the mechanism
through which shared governance is
realized in the humanities and social
sciences and indigenous research data
commons. It transforms institutional
relationships and ensures that
indigenous perspectives shape data
practices.
It's allergic to me.
Doesn't like me.
That's That's a cute little art
cooperative out near the Western
Australian border.
um
where we were working with some of our
partners.
Can you imagine what the archives of a
an art cooperative looks like when you
know they've been around for like 40 50
years. They have to have a record of
every artwork. They number it, the
provenence of the artwork. So like the
indigenous data governance
uh challenges for the ainal arts sector.
Just have a think about that.
Tremendous. But also the indigenous data
assets held by little outfits like this
right across Australia.
Invaluable.
So anyway, building capabilities. Now
you know they have a new building. This
is their old building. Um but they also
have of course um their own database
and and various platforms
but I would at a at a I would hazard a
guess that there might be two people in
the community who know how to use it and
if they're not around then nobody can
sell a painting for instance. So
capabilities refers to building the
institutional, technical and cultural
capacities required for indigenous
communities to govern and manage data
assets. This includes research
infrastructure,
you know, such as our cataloges for
instance, um training in data management
and analysis, legal literacy regarding
data rights and research ethics and
access to tools that support data
governance.
Governance logic capabilities act as
enabling factors. They provide the
foundation for recognition and
partnerships to be effectively supported
by resources and systems.
Um and of course the conceptual
institutional technical and cultural
capabilities ensure that governance is
actionable and sustainable in practice.
And just it it sounds like word salad
but you know it's a real thing. Just
take for instance the language
production center at the Uricolor school
that we've been working on. So Kristen
has created a catalog and everybody has
to digitize
materials and and catalog it.
So then you know just take any item an
elder has provided the story.
um a a Yongu teacher has drawn the
pictures and translated done the
translations from Yongam to English, but
they use four varieties of Yong and
Martha. So which one um and then they
always embed kinship and and um moyeti
information. So it's either a ura story
and therefore urae primer or it's a you
know from the other moyete. So these
cultural precepts are going to be
relevant in relation to every item. And
so that's why you've got to work with
people because you can't just make stuff
up. You put it into you put this item
into a catalog. Without that
information, you know, you you're losing
information. the the item really becomes
pretty meaningless. And we've all had
that experience in archives, museums,
libraries. You find something from say
the the 1840s,
no name of the Aboriginal person, no
location of the place, but a a painting
of an extraordinary person or object,
and we have no further information. So
we've had, you know, 238 years of that
um kind of
making us invisible, denying people's
names, taking away place names,
eradicating all cultural information. We
have to reverse that whole process. So
this is actually where in in building
the capabilities of of our workforce
that we pay attention to these matters.
So I just wanted to give that example.
Um
and I'm sure you can think of lots more.
Uh so self-determination as I said is
the the effective right
um
that we should rely on here. Um the
rights of indigenous people to access
and use their data. It also encompasses
the rights of indigenous peoples to
define, control and benefit from data
about themselves. This pillar includes
the ability to set priorities, interpret
data through indigenous worldviews, and
refuse participation in systems that
cause harm.
Additionally, it involves the power to
determine how indigenous data is
collected, owned, and applied in
research in a manner that aligns with
cultural values and community
aspirations.
So
uh you know there's been a a lot of
conflict about uh data sets that are
held by big data custodians.
Um
now the Australian Institute of Health
and Welfare has advisory bodies. So does
the ABS. They hold big data sets. When
you're on an advisory body, it's really
difficult. I'm not on one myself. Um,
but I'm sure there are people in the
room who have been on these advisory
boards, but it's very difficult to do
anything about that data other than to
say, you know, there are problems with
the data. We were talking about one of
these the other day. Okay.
Somebody wanted to survey
Oh, yeah. Was it the ABS?
survey our population again and put in a
question about family violence
and
the Aberinal and Toouristra Islander
Health Survey.
Fortunately, Kristen picked this up and
made the point that this is very
dangerous for people. This puts people
at high risk. Correct.
>> Yeah.
Yeah. So
it's it's quite important in the context
of closing the gap. I think it's um
indicator 13 uh looking at family and
domestic violence across for ainal and
tourist straight islander people across
Australia. It was a number of questions
in the national aboriginal and tourist
rate islander health survey. Um however
when they were revising the survey for
the most recent one uh they put together
a an an advisory committee to look at
that question and expanding on that
question but they so that I I was on
that that advisory group with a series
of other aboriginal people and other
experts um methodological experts and a
variety of people but the one thing that
we questioned was like okay so how are
you asking these questions it's a
household survey
Think about it logically. If you're
going to into a household where there is
family violence being experienced and
perpetrated, you're going to create
significant harm for people in that
household if you ask that question. So
there are these ethical considerations
that need to be dealt with in the way
that we collect data in the first
instance. So we pulled them up and said
you obviously we need data on this this
this really important issue, but you got
to think about how you do this. Um so
they did pull that question which is
problematic because they haven't
designed another survey which is another
story.
Um
so that's just one example and you know
we come across these all the time. Um
and then of course finally inclusive the
inclusive data ecosystem.
So uh
this refers to the way in which research
data is created, stored, accessed,
reused and repurposed within focus areas
of the humanities and social sciences
and indigenous research data commons. So
this is where we have to accommodate uh
cultural perspectives, different
cultural perspectives, equitable legal
frameworks, interoperable technical
systems and collaborative research
networks.
um and prioritizing indigenous data
governance needs while also supporting
the broader house research community. So
I'm taking up too much time on some
matters but I did want to make this very
relevant to you. So uh should I leave
time for questions
I'm monitoring? Well, you get it to work
then.
>> Sure. I'll try.
>> Here we go. governance uh the governance
guidelines. So, we've got a number of
guidelines. Do we have time to go
through these and the monitoring and
accountability structure? Yeah, I think
we'll just address this monitoring and
accountability structure. All of the
details in the the um the publication
and we're going to have a workshop on it
this afternoon. So we need uh
deliberative, inclusive and and a
culturally informed approach that
centers indigenous leadership and
governance at every stage rather than
relying on abstract tools or metrics.
Implementation must be driven by
relationships responsibilities
and so that involves institutional
commitment and them saying it out loud.
Uh so when organizations participate in
humanities and social sciences and
indigenous um uh focus areas, they must
adopt the framework and embed its
principles and data practices.
Please don't think of it like a wrap.
This is you know this is an operational
document. This is more like a strategy.
Uh in fact it is very much a strategic
document to be adopted and committed to
by institutions.
Um
so as I said indigenous leadership um
because
data custodians must be supported to
lead the design, management and
evaluation of data initiatives. This
includes co-developing governance
protocols.
So this publication is not the end of
it. you take this publication
and embed it in your own institutions
um and develop the uh local protocols
um relevant to your data. Um
and so this means moving beyond
consultation towards genuine
partnerships that share power and
resources. Um and it involves capacity
building. So you know we need to create
a workforce to do all of this. It means
that the way that we uh write our
budgets will have to include uh budget
lines on um indigenous data governance
uh capability building um and all of the
subsets of um requirements that will
cost money. So and and in many ways, you
know, this is better than this very
disturbing government practice of
randomly evaluating Aboriginal
organizations and bringing in outside
consultants. If you have data governance
and your own monitoring and
accountability structure, you can
produce your own evaluations.
So you know think about it as a living
breathing strategy uh that you can now
you know embed in your in your work
and as I said you know the development
of formal agreements that reflect
indigenous governance such as data
sharing agreements memorandum of
understanding co-authorship arrangements
protocols for attribution and providence
and such agreements must be co-designed
with indigenous communities
and reviewed regularly to ensure they
remain aligned with community values and
priorities
and the implementation must be adaptive.
So the framework is not static as Jenny
pointed out at the beginning and it must
revol evolve in response to community
feedback, legislative changes which we
are hoping to bring about technological
developments which are you know fast and
furious.
uh we're going to have to deal with AI.
Uh but you know it it brings many
benefits and let's have a talk about
that later.
Um
so we need to be responsive to the
diverse needs of indigenous communities
as we implement this.
So as I said focus areas must allocate
funding, personnel and infrastructure to
support indigenousled governance,
training and evaluation.
We must ensure that indigenous
communities have access to the tools,
technologies, and support they need to
manage and govern their data in ways
that reflect their laws, values, and
aspirations.
So many projects are not adequately
resourced to support indigenous
governance, training and evaluation. And
this is the big flaw that must be
addressed along with um the lack of
legal recognition in the act
and you know the subsequent problem that
we don't have a single indigenous data
uh custodian recognized under the act.
So uh
yeah indigenousled oversight evaluation
and feedback and we really look forward
to your feedback on this. So I'll stop
there so there's some time for some
questions.
>> I was just going to quickly say um we
will go through operationalizing this
framework in the workshop this
afternoon. I think it's at 1:15. So
looking forward to sort of everyone
getting their teeth into it. But just to
leave it with um you know the framework
itself is both a tool and a commitment.
It's a tool for embedding indigenous
governance in national research
infrastructure and a commitment to
uphold the rights, responsibilities, and
aspirations of Aboriginal and tourist
rate islander peoples in all data
related endeavors. So, we'll leave you
with that and go to questions unless
Robert, you had a final
>> question.
See, you just look at them and they put
their hand up.
Uh my question is uh are there similar
initiatives about other indigenous
groups in the world?
We uh well not me. I'm on the edges of
it. I go to as many things as I can.
Kristen and Andrea Clark have been
attending um UN meetings online mostly.
They went once to Geneva. There is a
process in the UN but of course the
membership is only member states that is
nations and they're having debates about
you know the very issues we're talking
about here um and so around the world as
I said indigenous people are excluded
from the main game and uh we're trying
to work with uh some people who are
there trying to protect the rights of
indigenous peoples you know in other
countries like throughout Southeast Asia
uh and so on and uh you know this is
right now a hot topic in the UN. So
yeah, we're probably better off than
most. Um so to New Zealand, uh Canada
and the United States, they're doing
rather well. Um the, you know, the
indigenous people. So it's in the
settler states, the, you know, the
English-sp speakaking settler states. uh
where indigenous people are the most
advanced with this. Um if if we can get
recognition in the act in Australia and
get an an enor set up will be doing
well. Um but mostly indigenous people
around the world are way out on the
edges of this and struggling to cope. In
fact, not just indigenous people, but
African nations, I heard this morning
from Kristen, are very worried about the
impact of AI and they feel like they've
been completely left out and they're
thinking about what's strategy now,
what's their strategy now in the face of
AI because Africa is, you know, yet
again uh a series of colonies from which
the big players, you know, like Google
are going to extract data.
There's one data center in the whole of
the African continent in South Africa.
One data center.
So that's the scale of the problem
there.
Hi. Um, is this working? All right.
Yeah. Hello. My name's John Gray. I work
for the South Australian Department of
Health um as a data analyst. Uh my
background is in social epidemiology
and as you can imagine I'm often
required to provide reports on things at
very short notice and usually with very
little opportunity to discuss them with
anybody else except just do it. Um
welcome to Adelaide. I hope you're
enjoying your stay here.
One of the things that I thought you
might have some advice on is when we are
trying to use large data sets such as
the census where people have not in in
practical terms given any permission to
provide their data. They just divide
because it's the law and Robert and I
had a brief discussion about that
yesterday. Do you have any advice about
how to go about trying to get some
greater sense of um authority for using
indigenous data?
>> A greater sense of
>> authority for using that those sort of
statistics.
>> We're tackling that problem right now.
So just to explain it to other people,
health data
uh in in order for somebody like what's
your name? Sorry, John who's in the
health department here to use that data
to write the report that he's just been
asked for. The data is is completely
deidentified.
So he's asking himself the ethical
question, have any of the people who are
behind this data ever given permission
um for their data to be used in this
way? Well, we're tackling that question
right now in relation to the my health
records. there's a push uh well a big
project actually to um revise
uh the conditions for the use of my
health record data for exactly the
reason that you're asking. So um we
we're running three roundts. We had one
in Cape York what a week ago two weeks
ago we and they're virtual uh as well as
in in person. So, if you want to be
invited, write your name and your email
address on a piece of paper and give it
to us. We've got one on Monday. Is it
Monday? Monday in Brisbane and Wednesday
in Alice Springs and we can, you know,
send you an email invitation to discuss
exactly these issues. John, you'll have
to come along to one of them. Um, so
what are people saying to us about this?
Uh
well, first of all, in the ainal world,
people are saying, um, well, I looked at
my my health record and most of my
medical information isn't there. It
hasn't been uploaded. Um, and you know,
of people in our our health sector, of
course, say, well, yeah, of course, I I
have no objection to my data being used,
but it's really bad data. uh because the
my health my my personal my health
record doesn't have the time I went to
get an MRI or this or that you know so
uh and hang on I'll just hand over to
Christian
and some of the other things that we've
been tackling in the context of the use
of the my health record data is looking
at whether consent should be through an
opt-in or an opt out model.
Um, and look, there's there's pretty
strong push from the Department of
Health to make it an opt out model.
However, where our argument has been,
okay, if if say you have very little
digital literacy, you don't even
actually know how to access or opt in or
out of your own My Health record. Um
potentially if you go to your local ato
or your GP they might talk you through
it but
or you might have a family member who
knows how to do it but potentially
there's no one who will a explain what
it means what the implications are and
we're concerned that it really isn't
free prior informed consent whether it's
opting in or opting out. So these are
some of the issues that I think are
being debated nationally. As Marcia
said, we're getting opinions from people
around Australia at the moment on this
as the initial consultation. There'll be
broader consultation that goes on. Um
but it'd be great to hear everyone's um
opinions on these issues because it's a
hot topic. It's not just going to be,
you know, it's not just South Australia
Department of Health. It's it's
everywhere. So uh as I said we're we're
trying to ascertain greater opinions of
people across Australia in different
contexts but I think there are a whole
range of issues to do with data
literacy. So I think we'll we'll be
talking to Becky Cookie about about that
as well.
>> One there one here two more questions
before little lunch
>> I think. Yeah. um Julie Lee from
Commonwealth Department of Social
Services and that's that real ethical
challenge about the difference between
we have a significant responsibility to
every Australian who doesn't have a
choice to provide their data and often
sensitive data and in a situation where
they're providing it for a purpose that
then doesn't lead onto the purpose that
we then use it for. And whilst we stand
behind we're doing it for better policy,
better program development,
where's the I suppose for me I get a bit
passionate about we do lots of talking.
We're responsible for the roll out of
the Commonwealth framework for
governance of indigenous data. But
where's the where's the jumping off
point? like where where do we start to
actually do things and make a difference
and see some tangible outcomes? Like
we're really excited to see how your
framework can work in conjunction with
what we need to deliver under the
Commonwealth framework
and so excited about what we heard
yesterday and what we're going to do
this afternoon. but really challenged by
the balance of the ethical the balance
of so we're doing some work with the
black town community data project and
just trying to get the agreements in
place so that we're appropriately
representing community but delivering
things with AI IHW on a platform that
people can use there's no point in
getting to the end of it and the
challenge with target 13 and target 12
for closing the gap and for us target 4
and how we use target 4 to leverage to
get the right information for target 12
and 13 and looking at things like how
ABS do surveys how there's lots of
pressure around longitudinal surveys
like DSS runs the footprints in time and
a few others but um how you ask those
questions like as as a survivor like if
someone had come into my house when I
was still with my partner and sat there
doing a household survey Okay, that puts
me at immediate risk and getting people
to understand what that actually looks
like and how you get informed consent.
Like I can sit here and say to you,
Andrew, tell me all about your culture,
your this, your cuz I'm going to put
better policies on the table. What does
that mean?
>> Yeah. Look, fabulous question, a
fabulous problem to have, right? But you
know, we started out like asking these
questions back in 2017 and here we are
in 2026.
Yeah. What nine years later finally with
a framework for researchers. But we did
we did contribute to the uh
Commonwealth's framework. Right. So
there just for everybody in the room to
know there is a Commonwealth government
framework for indigenous data
governance. Um
to be frank,
we need to have more meetings like this
with a mix of indigenous leaders,
indigenous practitioners,
our non-indigenous uh experts and
practitioners, our epidemiologists,
language experts and so on. We need to
have more meetings like this where we
can talk to each other freely about real
problems.
there is a
a way in which these matters are
discussed
as if they're political and as if you
know some slogans are going to solve the
problem. We we need practical tools and
I mentioned yesterday I'm not sure if
you were here one of the um
developments that I think really
presents us all with a a great
opportunity. Now, people are doing it
all the time, but I'd never really
noticed how useful it could be. And that
is this, you know, urban indigenous
health dashboards developed by a group
of um indigenous
community health organizations with
professor James Ward at the post center
in conjunction with AIHW. It's on the
AIHW website, the urban indigenous
health dashboards which brings together
and analyzes and presents urban
indigenous health data all completely
deidentified of course for the first
time. So see partnership indigenous
governance. So the the health
organizations provided the governance
the expertise came from you know the
post center and the AIHW. You get
epidemiological
um expertise and you get infrastructure
because of the AIHW right so that's why
partnerships work. So it's got that is a
really nice case study that's got all
the elements of this. It's
indigenousled. self-determining.
Um, it's ethical, it's respectful, you
know, indigenous cultures there because
of indigenousled governance. Um, and
they're creating data ecosystems
behind the dashboards. So, you know,
there's a number of ways to go about it.
So I urge you to stay involved with the
ARDC meetings uh through our projects
because likewise I think lang the
language mob eldaka are coming up with
some of these solutions as well. you can
adapt solutions from other fields to
your purpose. And maybe this afternoon
when you're going through the framework
and how it can p be practically
implemented, you might want to, you
know, get encourage people to come up
with some other examples because there
are some very good examples of people
already implementing this
because they figured it out for
themselves.
Sorry, that's the best I can do at the
moment. One last one.
>> Uh hello everyone, Hamid University
lecturer here. Um I would like to know
your opinions about generative AI
software because I guess it is steals
photos, paintings and other data of um
uh indigenous Australians. Uh are you
planning to push generative AI companies
and not to record uh indigenous owned
data or not? And if so, why?
>> I think that the horse has bolted. You
know, that's an Australian expression.
Um,
it's too late really. Uh, look, we
should set out a a set of principles on
that and people are doing that. Do do
you really believe that um
um Google's going to follow those
guidelines? It doesn't work like that.
There isn't some bloke sitting behind a
computer saying, "Oops, there's some
indigenous data. I better stop the, you
know, the algorithm from scraping that."
Now, you see, you see the problem?
That's what I mean when I say the horse
has bolted. Um what we need to do of
course is
make sure that
indigenous data with our custodians
has all the guard rails around it and
that that that's the point where we put
in the guard rails for the sharing of
indigenous data because the you know
Google and all of these companies are
going to scrape data not from our little
organizations. They never put their data
online anyway. They're going to scrape
it from ABS and I think ABS has already
been cyber attacked at least once,
right?
Yep. So,
uh, now ABS data is deidentified, but
you do panic when you hear about a cyber
attack on ABS and think, I do hope
they've got that right. So, you know,
this is where we have to be vigilant at
that level in our partnerships. Let's
make formal partnerships with our data
custodians and that includes the police
and health departments. We need formal
partnerships to make this work to
protect ourselves from AI. But on the
other hand um you know we need another
meeting sometime to talk about the
benefits of AI. There are some people
who are saying don't publish any data.
Um let's pull our journal articles. Uh
because there's a risk that when you
publish your data in journals that you
know the the baddies are going to come
and scrape that data and use it in ways
that it was never intended to be used.
Ah I can see an AI expert tentatively
putting his hand up. Way you go Nick.
>> Thanks Marcia. uh Nicholas car um
working with the IDN just a point on the
what to do about um generative AI
generating indigenous art and all that
kind of stuff. So one thing you can do
is to make sure that your own images and
videos and text and so on have good
metadata. This sounds lame but it's not
lame. Um when if you remember when chat
GPT in these systems first came out and
you did searches you would see results
and then very quickly people are like oh
my god where are these results coming
from? So when you look at those systems
now they actually do have source
attribution to certain extent. Is it
perfect? No. Is it better than it was a
few months ago? Yeah. So if your source
information that is being used by
anything, I mean generative AI is one
thing, but if your source information
has good metadata, uh there's a higher
likelihood that um the uh information
about origins and so on will flow
through. So imagine we saw some uh AI
generated indigenous images or images of
indigenous people yesterday. Um, imagine
in the future that there's some
significant um
image of indigenous stuff including
synthesized art and so on. Um, it
wouldn't be unreasonable to think that
um that there would be protocols in
place or interest in the digital
provenence of that and what you'd want
to see is look, I've got this picture of
an indigenous synthesized picture of
indigenous people. what was the systems
source to make those imagery uh that
image and um the better we can um
annotate and catalog the original source
material that these things use the
better the annotations are well the more
able the annotations are to flow through
to the endpoint we'll see how we go with
regulation and so on but
>> so a question Nick do our metadata tools
on on our indigenous data commons help
you to do that please answer the
question
>> uh
for digital objects as a whole. Yes. For
individual images, no. We could say, and
I think that this is probably sensible,
we could say that we need a tool to help
annotate images in particular uh with
content because sometimes images embed
metadata. So, what we could have is a
little tool that says, hey, have you got
an image of an, you know, indigenous
artwork or something? Do you want to
embed like a digital image? Do you want
to embed metadata in that image so
anybody who uses it might be able to see
that metadata? We could we could
implement a tool to do that.
>> Great. Thank you. That's what I want to
know.
>> I was just going to say that this is
definitely something that's being
discussed and debated internationally. I
was also at the United Nations data
working group on data governance meeting
last night where a lot of the member
states were discussing this very issue.
And there is actually I think coming up
on the 6th and 7th of July there's a
United Nations um global dialogue on AI
governance. If anyone's interested in
going along we'll be paying attention.
I was just oh it's Cat Cqai from Charles
D University. I was just going to add
that um we already do have guard rails
that uh you can't enter the prompt I
want a Marvel image of myself because
Marvel commercially has blocked that. So
there must be a way we can block a
request for an indigenous version of
whatever.