M4: Learner Manual
5. Protocols in Gathering Information
5.1. Data Sovereignty
Aboriginal and Torres Strait Islander people[1] have been successfully governing Indigenous data (including information and knowledge in any format or medium) since time immemorial. This has been a critical factor ensuring the ongoing survival of Aboriginal and Torres Strait Islander cultures.
Recognising the importance of data for self-determination, this Framework for Governance of Indigenous Data (the Framework) provides a stepping stone towards greater awareness and acceptance by Australian Government agencies of the principles of Indigenous Data Sovereignty. The Framework aims to provide Aboriginal and Torres Strait Islander people greater agency over how their data are governed within the Australian Public Service (APS) so government‑held data better reflects their priorities and aspirations.
The Framework puts Aboriginal and Torres Strait Islander peoples at its centre. It recognises better outcomes are achieved if Aboriginal and Torres Strait Islander people have a genuine say in matters affecting them, including use of data to inform policymaking in government.
The Framework has been developed with the intention of providing Aboriginal and Torres Strait Islander people meaningful access to relevant government-held data. Without access to these data, Aboriginal and Torres Strait Islander peoples will continue to be at a disadvantage in realising their right to self-determination. The Framework also calls for data-related capability building, both within the APS, and amongst Aboriginal and Torres Strait Islander people, communities and organisations. Data capability is essential for Aboriginal and Torres Strait Islander peoples’ self-determination in our digital age.
The Framework provides guidance to the APS in improving governance practices for data related to Aboriginal and Torres Strait Islander people. It seeks to move the APS beyond traditional methods of consultation, to ensure Aboriginal and Torres Strait Islander people have an equal position at the decision-making table on matters affecting them. Implementation of the Framework will support efforts to implement the National Agreement on Closing the Gap, in particular Priority Reform Three (Transforming Government Organisations) and Priority Reform Four (Shared Access to Data and Information at a Regional Level).
However, change to data governance practices alone will not be sufficient to shift the dial on governance of Indigenous data. Legislative and policy changes to current ways of managing data assets within government (including in relation to local and regional data) are also required. These changes are also necessary to help close the gap in outcomes. Through the partnerships formed to develop this Framework, there were calls for a one-stop-shop for Aboriginal and Torres Strait Islander people’s access to government-held data; the appointment of an Indigenous Data Commissioner; and the inclusion of Aboriginal Community Controlled Organisations as potential accredited users under the Data Availability and Transparency Act 2022. The APS will work in partnership with Aboriginal and Torres Strait Islander people to investigate these matters as a priority.
Though the Framework as it currently stands only applies to APS agencies, it is also relevant to Indigenous data held by States, Territories, and Local Government. Members of the partnership formed to develop this Framework emphasised that data held by States, Territories, and Local Governments are of particular relevance to Indigenous communities. Application of the Framework to other levels of government should leverage off the mechanisms of monitoring and accountability grounded in the National Agreement on Closing the Gap. As parties to the National Agreement embed the Priority Reforms, they will need to work together to improve the governance of Indigenous data. The success of this Framework will depend on APS agencies implementing all actions relevant to them in full. In this respect, actions in the Framework should not be treated as optional. Full implementation is essential if the Framework is to avoid becoming just another document that sits on a shelf and gathers dust.
The Framework is a stepping stone towards better governance of Indigenous data. It will need to evolve over time as agencies continue to work in partnership with Aboriginal and Torres Strait Islander people. Genuinely listening and responding to the needs and aspirations of Aboriginal and Torres Strait Islander people is an ongoing process. Every journey begins with a step. [2]
A proposed Bureau of Indigenous Data (BoID) is recommended as an independent, cross-jurisdictional authority to lead Indigenous Data Sovereignty and Governance in Australia. It aims to empower First Nations ownership over data creation, access, and analysis, with plans to be established under its own legislation by 2028.
Key details regarding the proposal and existing governance:
- Purpose: The BoID is designed to promote understanding of Indigenous Data Sovereignty and steward an intergovernmental plan for Data Governance.
- Establishment Timeline: The proposal suggests setting up the Bureau within an existing federal agency within two years, with a shift to an independent body by 2028.
- Structure: It would be guided by a new Indigenous Data Board and co-funded by all Australian, state, and territory governments.
- Current Context: The National Indigenous Australians Agency (NIAA) currently oversees the Framework for the Governance of Indigenous Data, which is being implemented across the Australian Public Service (APS) to improve how Indigenous data is managed.
- Related Initiatives: The Indigenous Data Network (IDN) works on similar goals, helping communities manage their own data.
This initiative stems from a review highlighting the need for stronger Indigenous control over data and data sovereignty.
An Aboriginal and/or Torres Strait Islander community organisation does not exist in isolation because it is a part of a larger Indigenous community and furthermore, a part of the larger combined Indigenous and non-Indigenous community.
A community leader should make it his/her business to be aware of the issues in the larger community and how those issues may affect their organisation. These leaders are able to see the big picture and if necessary, explain the big picture to the relevant people in the organisation.
In building the big picture a community leader understands the needs of the community and the problems it may be experiencing. The leader is able to work with others then to analyse the problems and together they decide on what action is to be taken.
To ensure an organisation can tackle the community’s needs, it first has to identify those needs.